Delta Lines, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local 85

ORDER GRANTING SUMMARY JUDGMENT

This matter comes before the Court on the motion of plaintiff Delta Lines, Inc. (“Delta”), for summary judgment. The action was originally brought in the Superior Court of the State of California for the City and County of San Francisco, but was removed to this Court on January 28, 1975, by petition of defendant Brotherhood of Teamsters and Auto Truck Drivers, Local 85 (“Union”). Jurisdiction ' was invoked under Section 301(a) of the Labor-Management Relations Act of 1947, 29 U.S.C. § 185 (a).

I

The parties agree that this case may properly be disposed of by way of summary judgment, as the facts are not in dispute. On March 28, 1974, Kenneth R. Weaver, then employed as a truck driver by Delta, was accused of stealing freight from the shipment assigned to him. Faced with this charge, Weaver resigned his employment. Thereafter defendant Union, of which Weaver was and is a member, filed an “Application for Dispute Hearing” with the Joint Council 7 Labor-Management Committee (“Labor-Management Committee”), pursuant to Article 44 of the “Joint Council No. 7 Local Pickup and Delivery Supplemental Agreement”. This agreement details the procedure by…