Hussey

Plaintiff Daniel Hussey appeals from the judgment entered following the grant of summary judgment in favor of defendant Operating Engineers Local Union No. 3 of the International Union of Operating Engineers (the Union). We have determined summary judgment was properly granted.

I

Procedural and Factual Background

Hussey filed a complaint against the Union and its business agent, Tonie Jones, alleging causes of action for breach of contract, negligence, breach of fiduciary duty and negligent infliction of emotional distress. The claims arose out of the Union’s representation of Hussey in disciplinary and termination proceedings at a Skelly hearing and an appeal before the Alameda County Civil Service Commission (the Commission). The proceedings resulted in his termination from employment as a heavy truck driver for Alameda County (the County). In the breach of contract claim, Hussey charged that the Union’s membership agreement with him obligated the Union to provide him with an attorney and that the failure to provide such legal representation caused him to be terminated. Hussey’s negligence cause of action asserted that the Union’s representation of him at the Skelly…