Garnett Overby v. Chevron Usa, Inc.

Overby sued Chevron U.S.A., Inc. (Chevron) in state court, alleging wrongful discharge under California law. Chevron removed the action on the basis of federal question jurisdiction, relying on section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185 (a). See 28 U.S.C. § 1441 (b). After Overby amended his complaint to include a racial discrimination claim under 42 U.S.C. § 1981 and additional state law claims, the district court granted summary judgment in favor of Chevron. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm in part and reverse and remand in part.

I

Overby, a black male, was employed by Chevron from February 21, 1978, until March 12, 1986, when he was terminated for refusing to permit Chevron security personnel to search his person and wallet. Throughout his employment, Overby was represented in collective bargaining by the Oil, Chemical, and Atomic Workers International Union, AFL-CIO, and its Local 1-547 (collectively union), which entered into successive collective bargaining agreements (CBAs) with Chevron. On February 23, 1986, 17 days before his termination, the CBA under which Overby was most recently…