Blanche A. David v. United States of America, Captain R.I. Iverson, Curtis Parker, and Elaine Courtier

Good Law
820 F.2d 1038·126 L.R.R.M. (BNA) 2287·1987 U.S. App. LEXIS 7958
United States Court of Appeals for the Ninth CircuitJune 23, 198786-1520California3,396 words

Opinion

Opinion

Anderson, J.

Blanche David appeals entry of summary judgment and dismissal in an action against her employer and supervisors. We affirm.

I. BACKGROUND

Blanche David (David) became employed as a procurement secretary with the Defense Logistics Agency (Agency), a federal civilian agency for the Defense Department in 1968. She continued working for the Agency and in 1981 also became a union shop stewardess for the American Federation of Government Employees, Local 2723. She held this position while working for the Agency, accruing approximately 20 hours per week as an Agency employee and approximately 15-20 hours per week as a union stewardess. In her capacity as a union stewardess, David filed grievances and performed other ministerial duties on behalf of herself and other union members. These union duties were performed largely at her workplace.

In May 1983, David began to have medical problems. As a result, she was absent from work and requested annual and sick leave for her recuperation. The Agency questioned whether David’s medical excuses were valid and whether her absence from work was authorized. Finally, David’s supervisors, the individual defendants named in this action, classified…

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