Kelecheva

Kelecheva v. Multivision Cable T v. Corp.

Good Law
18 Cal. App. 4th 521·1993 Cal. App. LEXIS 894·22 Cal. Rptr. 2d 453·93 Daily Journal DAR 11230·144 L.R.R.M. (BNA) 2124
Court of Appeal of CaliforniaAugust 31, 1993A058746California4,166 words

Opinion

Opinion

Phelan, J.

Plaintiff Gary G. Kelecheva timely appeals from a judgment of dismissal entered in favor of defendant Multivision Cable T.V. Corp. on motion for summary judgment. The superior court ruled that each of the three causes of action alleged in plaintiff’s wrongful termination complaint was within the exclusive jurisdiction of the National Labor Relations Board (NLRB) under the federal preemption doctrine first announced in San Diego Unions v. Garmon (1959) 359 U.S. 236 [ 3 L.Ed.2d 775 , 79 S.Ct. 773 ] (hereafter Garmon). We affirm the trial court’s judgment as to the dismissal of plaintiffs tort claim for wrongful termination in violation of public policy, but reverse as to plaintiff’s contract-based causes of action.

Factual and Procedural Background

Plaintiff alleges that he was employed by defendant and its “predecessors in interest” for 17 years, beginning in October 1973. Defendant disputes this allegation, but admits it employed plaintiff for a period of approximately four years, from December 1986 to October 1990. Defendant also admits that plaintiff was demoted and transferred in November 1988 from installation supervisor in Rohnert Park to maintenance technician in…

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