Stamatina Stallcop v. Kaiser Foundation Hospitals the Permanente Medical Group, Inc. Hospital & Institutional Workers Union, Local 250

Stallcop filed a complaint in state court against Kaiser Foundation Hospitals and Permanente Medical Group (“Kaiser”), her former employers, alleging wrongful discharge, fraudulent misrepresentation, intentional and negligent infliction of emotional distress, and violations of California equal employment laws. She also alleged a cause of action against her former union for breach of the duty of fair representation.

Following removal to federal district court, Stallcop’s claim against the union was dismissed and Kaiser’s motion for summary judgment on the remaining claims was granted. The district court found that all of Stallcop’s claims, except that of violation of California equal employment laws, were preempted by section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185 (a) (1982). The district court then found that the relevant six-month statute of limitations had run on these section 301 claims, and that this time bar was not overcome by equitable considerations. Stallcop’s age and sex discrimination claims under California law were dismissed for failure to exhaust administrative remedies. Summary judgment was granted to Kaiser on Stallcop’s national…