Mcnaughton v. Dillingham Corporation

707 F.2d 1042 113 L.R.R.M. (BNA) 3017 , 97 Lab.Cas. P 10,212 Tom J. McNAUGHTON, Plaintiff-Appellant, v. DILLINGHAM CORPORATION, a Hawaii Corporation, doing business as Dillingham Ship Repair, Portland, Oregon; and Local # 1020 of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Defendants-Appellees, No. 82-3211. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 5, 1983. Decided June 7, 1983. 1 Paul J. Kelly, Jr., Glasgow, Labarre & Kelly, Portland, Or., for plaintiff-appellant. 2 Wayne D. Landsverk, Newcomb, Sabin, Meyer & Schwartz, David Cash, Doble, Francesconi & Welch, Portland, Or., for defendants-appellees. 3 Appeal from United States District Court for the District of Oregon. 4 Before WALLACE and SCHROEDER, Circuit Judges, and COYLE, * District Judge. COYLE, District Judge: 5 This is an action brought by a union member under Sec. 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. Sec. 185 against both his former employer, Dillingham Corporation, and his local union. On December 12, 1980, defendant Dillingham discharged plaintiff for alleged sexual harassment of another employee. Plaintiff protested his…