Scott

ORDER

INTRODUCTION

Defendant New United Motor Manufacturing, Inc., (“NUMMI”) has moved to dismiss this removed action under rule 12(b)(6) or, in the alternative, for summary judgment under rule 56. Plaintiff Scott’s complaint alleges five causes of action: (1) breach of contract and the covenant of good faith and fair dealing; (2) wrongful discharge in violation of public policy; (3) fraud; (4) intentional infliction of emotional distress; and (5) discrimination on the basis of race. The court held a hearing on defendant’s motion on December 23, 1985. The court remands this case to the Superi- or Court for Alameda County and dismisses plaintiff’s complaint to the extent that it alleges a Title VII claim.

FACTS

On July 30, 1984, NUMMI hired Scott, a black male, to work at its automobile manufacturing plant in Fremont. General Motors had employed plaintiff for 23 years at its Fremont plant, entitling Scott to preferential treatment in hiring by NUMMI. As a NUMMI employee, Scott was a member of a bargaining unit represented by the United Auto Workers (“UAW”). The UAW had previously negotiated a collective bargaining agreement (the “Agreement”) governing the terms and conditions…