Smith v. Pacific Bell Telephone Co., Inc.

Good Law
662 F. Supp. 2d 1199·2009 WL 2486175·187 L.R.R.M. (BNA) 2228·2009 U.S. Dist. LEXIS 70945
United States District Court, Eastern District of CaliforniaAugust 12, 2009CV-F-06-1756 OWW/DLBCalifornia16,992 words

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…

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