Johnson v. Hydraulic Research & Manufacturing Co.

Plaintiff Johnson brought this action alleging various causes of action against his former employer, defendant Hydraulic Research and Manufacturing Company, and the company’s manager of compensation and employee relations, defendant Cantreau. The trial court granted defendants’ motion for summary judgment on the ground that the action was barred by plaintiff’s failure to exhaust the grievance and arbitration remedies provided in the collective bargaining agreement governing the employees. Plaintiff appeals.

The factual background of the dispute is that on August 16, 1974, plaintiff, who was employed as a shop helper, was found vomiting and in acute distress in the company men’s room. He was referred to Dr. Miller of the San Fernando Medical Clinic. Dr. Miller subsequently reported to • the company that blood tests indicated plaintiff had an abnormally high level of secobarbital and amobarbital in the blood. Based on the results of the test and observations by plaintiff’s superior that he had appeared shaky and uncoordinated while performing certain tasks, the company terminated plaintiff. Pursuant to the collective bargaining agreement, plaintiff filed a grievance, which…