Brinkin

ORDER REMANDING ACTION TO CALIFORNIA SUPERIOR COURT

On June 29, 1982, plaintiff Lawrence Brinkin commenced this action for declaratory judgment, injunctive relief, damages and other redress in San Francisco County Superior Court. Plaintiff is a clerk for defendant Southern Pacific Transportation Co. (“Southern Pacific”). He asserts that upon the death of his homosexual “domestic partner" of eleven years, plaintiff was illegally denied funeral leave benefits available to married Southern Pacific employees. Plaintiff alleges three causes of action, pursuant to: (1) the privacy provisions of the California Constitution, Art. 1, § 1; (2) the California Fair Employment and Housing Act, Cal. Gov’t Code § 12900, et seq.; and (3) the San Francisco Police Code, Art. 33, § 3301, et seq. The case is here upon removal by defendant Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express and Station Employees, AFL-CIO (“Brotherhood”).

The essential facts are not disputed. Plaintiff has been employed as a clerk at Southern Pacific since 1979. His employment is governed by a 1970 collective bargaining agreement negotiated between Southern Pacific and a regional unit of…