Roni K. Dogherra v. Safeway Stores, Inc.

INTRODUCTION

Safeway terminated Dogherra for failing to return from leave as required. Dogherra insisted that she had notified her assistant manager, Martinez, prior to the end of her leave of her availability to work. Dogherra asked her union to file a grievance. The union dispatched investigators. Martinez allegedly told them that Dogherra had not reported for work before her leave ended. The union dropped Dogherra’s grievance. Dogherra was awarded unemployment compensation, over Safeway’s objection. The union sought to reopen Dogherra’s grievance. At a hearing before an arbitrator, Safeway argued that Dogherra’s grievance was barred by laches. The arbitrator agreed with Safeway and held the grievance non-arbitrable, stating that once the grievance was dropped, it could not be reviewed five months later. Martinez subsequently admitted that his statement that Dogherra had not reported for work before her leave ended was a lie.

Dogherra sued pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 . The district court held that Martinez’ lie “thwarted and subverted Plaintiff’s efforts to arbitrate her grievance.” The district court concluded that Safeway…