Abreu

Plaintiff Manuel F. Abreu appeals from a judgment notwithstanding the verdict in favor of defendants Svenhard’s Swedish Bakery (Bakery) and Bakery, Confectionery & Tobacco Workers’ International Union, Local 119 (Union) in this wrongful termination action. We affirm the judgment.

Facts and Procedural History

In August of 1974 plaintiff was hired by Bakery. The following month, pursuant to the collective bargaining agreement then in existence between Bakery and Union, plaintiff became a member of the Union. Plaintiff started working as a janitor and eventually became a foreman in the baking department.

On December 14, 1982, plaintiff got into an altercation with another employee, George Colbert. As a result of the fight, plaintiff’s employment was terminated on the following day. George Colbert was also fired, but then rehired. Plaintiff is Caucasian; Colbert is Black.

The week following his termination, plaintiff contacted a union representative in an attempt to obtain reinstatement at Bakery. He was informed that there was nothing that Union could do. Thereafter, plaintiff presented his case at an executive board meeting of Union conducted in January of 1983. In a…