Pimental

Statement of Case and Facts

Plaintiff appeals from an order of the superior court granting motion for summary judgment in favor of two defendants: U.C.F.W. Local 126 Union (Union) and Safeway Stores, Inc. (Safeway).

Plaintiff was discharged on December 10, 1983, after approximately 20 years of employment as a butcher for Safeway. He allegedly “sold” himself a $30 salmon for $5.70 in violation of store policy. Plaintiff filed a grievance through Union, and a joint adjustment board heard the case on February 7, 1984. The board “deadlocked” and denied plaintiff arbitration on February 13, 1984. The Union, instead, negotiated a settlement with Safeway whereby plaintiff’s personnel records would reflect a “voluntary quit.”

On June 6, 1984, plaintiff filed a complaint for damages against defendants Safeway, Union, and individual employees of Safeway. The complaint alleged four causes of action: (1) wrongful discharge against defendant Safeway; (2) intentional infliction of emotional distress by individual defendant employees; (3) negligent infliction of emotional distress by the same individual defendants; and (4) breach of the duty of fair representation by defendant…