Smith v. Pacific Bell Telephone Co., Inc.
Opinion
Opinion
Wanger, J.
MEMORANDUM DECISION RE DEFENDANTS COMMUNICATIONS WORKERS OF AMERICA LOCAL 9333 UNION AND COMMUNICATIONS WORKERS OF AMERICA DISTRICT 9 UNION’S MOTIONS FOR SUMMARY JUDGMENT (Docs. 38, 43) AND MOTIONS TO STRIKE (Docs. 109,114)
I. INTRODUCTION.
Plaintiff brings this action pursuant to § 301 of the Labor-Management Relations Act, 29 U.S.C. § 185 , claiming that his employer, defendant Pacific Bell, Inc. (“Pacific Bell”), terminated him in violation of the collective bargaining agreement between Pacific Bell and Plaintiffs union, defendants District 9 and Local 9333 of the Communications Workers of America, AFL-CIO (“CWA” or “Union”). Plaintiff also alleges that the Union breached its duty of fair representation by conducting a perfunctory investigation and refusing to take his grievance to arbitration. Plaintiff also brings supplemental state law claims for fraud and defamation.
On December 6, 2006, Plaintiff filed a Complaint for Wrongful Termination against Defendants Pacific Bell; AT & T Communications of California, Inc.; SBC Telecom, Inc.; Shane Spencer; Alan Brown; Communications Workers of America Local 9333 Union AFL-CIO (“Local 9333” or “Local Union”); and Communications…