McCullah

Michael G. McCullah appeals from the order denying class certification of his employment discrimination action against the Southern California Gas Company (Gas Company). The trial court found there was no well-defined community of interest among the purported class members. (Code Civ. Proc., § 382.) We affirm.

Facts

Pursuant to a collective bargaining agreement with appellant’s union, Gas Company maintains a job bid list by which employees seeking job changes bid on positions before they become available. When a position becomes vacant, it is filled by the most senior qualified person on the bid list unless another bidder has priority. Employees on disability have priority if they are qualified and are able to perform the duties of the position.

The collective bargaining agreement also gives priority to employees “in the path of layoff.” Employees scheduled for layoff have preference over all other bidders. Assuming a position opens up, the “layoff’ bidder is first offered the position. If he or she declines, the position is offered to qualified disability bidders and then nondisabled bidders in order of seniority.

Appellant suffered two work-related injuries as a Gas…