Miller v. United Airlines, Inc.

Introduction

Plaintiff Anne Miller appeals from a summary judgment in favor of her employer United Airlines, Inc. (United) and fellow employees, Laurie Whipple, Susan Remsberg, Karen Burke and Edda Beering.

Plaintiff’s 10 causes of action included claims of invasion of privacy, libel, slander, interference with contract, intentional and negligent infliction of emotional distress, negligence, breach of implied covenant of good faith and fair dealing, false imprisonment, and violation of civil rights. She alleged resultant humiliation, mental anguish, emotional and physical distress and mental and physical injury requiring medical treatment with hospital and doctor expense.

The trial court found, on facts essentially undisputed for summary judgment purposes, that plaintiff’s exclusive remedy for the matters set forth in nine of her ten causes of action was the grievance and arbitration process prescribed in a collective bargaining agreement between United and plaintiff’s union, and as to the tenth cause of action plaintiff had not exhausted an administrative remedy under the California Fair Employment and Housing Act. The trial court determined as an alternative ground…