Clifton Fountain v. Safeway Stores, Inc., Clifton Fountain, Plaintiff-Cross v. Safeway Stores, Inc., Defendant-Cross

On April 5, 1974, appellant Clifton Fountain filed suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII) alleging that appellee Safeway Stores, Inc. (Safeway) wrongfully discharged him for failure to wear a tie during working hours and that appellee Retail Clerks Union Local 1179, AFL-CIO (Union) wrongfully refused to process his grievance stemming from this discharge. In his complaint, he contended that his discharge pursuant to Safeway’s dress and grooming regulations requiring men to wear a tie as a condition of employment violated the prohibition against sex discrimination under Title VII and the collective bargaining agreement with the Union. In addition, he asserted that by refusing to process his grievance the Union breached its duty of fair representation under Title VII. The district court granted summary judgment in favor of the appellees on these claims, and appellant appeals therefrom. Safeway appeals the district court’s order denying its request for costs and attorney’s fees. We affirm.

I. FACTS.

Safeway hired appellant on May 5, 1970, to work at its store in Richmond, California. In early 1971, female employees at this store…