Giffin

Plaintiff and appellant Harry Giffin appeals from an order of dismissal following the sustaining of a demurrer without leave to amend to his first amended complaint against defendant and respondent United Transportation Union and its officers.

Labeled as a complaint for breach of contract, the action is in substance for breach of a labor union’s duty of good faith representation during grievance proceedings pursuant to a collective bargaining agreement. It alleges that appellant was a bus operator for the Southern California Rapid Transit District (SCRTD) and a member of respondent United Transportation Union, which was organized to represent appellant and other members in collective bargaining with the SCRTD. On or about April 20,1981, SCRTD management informed appellant he would be terminated for alleged failure to report an accident. On or about August 12, 1981, respondent union refused to proceed with plaintiff’s grievance to arbitration pursuant to the collective bargaining agreement. This refusal was “arbitrary and capricious and constituted a breach of contract” by the union in light of the evidence that the alleged accident did not occur.

Appellant’s complaint…