Green

Green v. Hughes Aircraft Co.

Good Law
630 F. Supp. 423·119 L.R.R.M. (BNA) 3610·1985 U.S. Dist. LEXIS 17638
United States District Court, Southern District of CaliforniaJuly 22, 1985Civ. 85-0477-ECalifornia1,873 words

Opinion

Opinion

Enright, J.

MEMORANDUM DECISION

BACKGROUND

Plaintiff filed this action in California Superior Court alleging against her em ployer Hughes Aircraft Company (“Hughes”) and a company operating a Hughes employee cafeteria, ARA Services, Inc. (“ARA”), claims sounding in defamation. She seeks an award of damages for written and oral statements concerning allegations that she stole a sandwich.

Defendants uncontroverted affidavits state that for weeks prior to May 9, 1984, cafeteria employees regarded plaintiffs conduct as “suspicious.” On May 9, 1984, two of those employees reportedly observed plaintiff taking a sandwich without paying for it. They reported the incident to Hughes Security, giving handwritten statements.

Because plaintiff was a member of the collective bargaining unit represented by the Electrical and Space Technicians Local No. 1553, AFL-CIO (“Union”), Hughes management consulted with the Union before acting. Following a preliminary investigation, plaintiff was suspended. The allegations, if proven, were grounds for discharge under the collective bargaining agreement.

On May 11, 1984, plaintiff filed a grievance under the collective bargaining agreement’s exclusive…

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