Lawrence Johnson v. Holiday Inn at the Embarcadero and Hotel and Restaurant Employees and Bartenders Union of San Diego Local No. 30, Afl-Cio

892 F.2d 83 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lawrence JOHNSON, Plaintiff-Appellant, v. HOLIDAY INN at the EMBARCADERO and Hotel and Restaurant Employees and Bartenders Union of San Diego Local No. 30, AFL-CIO, Defendants-Appellees. No. 88-5963. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1989. Decided Dec. 27, 1989. Before GOODWIN, SCHROEDER, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Lawrence Johnson appeals the district court's grant of summary judgment to Holiday Inn and the Hotel and Restaurant Employees and Bartenders Union of San Diego Local No. 30, AFL-CIO in his action against the hotel for wrongful discharge in violation of a collective bargaining agreement, and against the union for breach of its duty of fair representation. Johnson was employed as a cook in the hotel, and his termination followed his participation in an altercation with a fellow employee. The district court correctly ruled that Johnson's…