Cavanaugh
Cavanaugh v. Southern California Permanente Medical Group, Inc.
Opinion
Opinion
George, J.
STATEMENT OF REASONS Re RULINGS ON MOTIONS FOR SUMMARY JUDGMENT
I. INTRODUCTION
Plaintiff Eileen Cavanaugh (“Plaintiff’), a certified registered nurse anesthetist (“CRNA”), employed by defendant Southern California Permanent Medical Group (“SCPMC”), reported to work on June 22, 2005, apparently in an inebriated state. As a result of that incident, Plaintiff and SCPMC entered into a “Last Chance Chemical Dependency Rehabilitation Agreement” which required Plaintiff inter alia to enroll in and complete a “chemical dependency recovery program.” Plaintiff purportedly failed to complete such a program and was terminated. During the relevant period, Plaintiff was a member of and represented by a union, i.e., defendant Kaiser Permanente Nurse Anesthetists Association (“KPNAA”). The KPNAA filed a grievance on Plaintiffs behalf but did not seek to arbitrate the matter.
In her First Amended Complaint (“FAC”), Plaintiff alleges causes of action for: 1) violation of the Family Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq., 2) breach of employment contract, 3) breach of duty of fair representation against the KPNAA under 29 U.S.C. § 185 et seq., 4) breach of the implied covenant of…