David W. Jackson v. Southern California Gas Company Claudia Dodson Lois Durfee Mary Moore Jean Bish Betty Shattery Pat Shattery

David W. Jackson appeals from the district court’s dismissal of his action against Southern California Gas Company (SCGC) and several employees of SCGC. Jackson, a black man, alleges that he was the victim of discriminatory employment practices causing him to be constructively discharged. Jackson filed his complaint in state court alleging a claim of discrimination under various sections of the California Fair Employment and Housing Act, as well as a contract and several tort claims. SCGC removed the ease to federal court. The district court dismissed Jackson’s complaint in its entirety. The court concluded that the claims were preempted under federal labor law, and found that Jackson failed to exhaust the grievance procedures contained in the collective bargaining agreement between SCGC and Jackson’s union, Local 132 of the Utilities Workers Union of America, AFL-CIO. We affirm the dismissal of Jackson’s claims for breach of contract, breach of an implied covenant of good faith and fair dealing, constructive wrongful/tortious discharge, and negligent and intentional infliction of emotional distress. We reverse and remand the dismissal of Jackson’s claims for discrimination,…