Smith v. International Brotherhood of Electrical Workers, Local Union 11

Plaintiff Donald C. Smith was terminated from his job as an organizer with defendant Local 11 of the International Brotherhood of Electrical Workers (union). He sued the union and its business manager, Marvin Kropke, for breach of contract, wrongful termination in violation of public policy, age and disability discrimination, and intentional and negligent infliction of emotional distress. In addition to the usual employer defenses, defendants contended all of Smith’s claims were barred by the federal Labor-Management Reporting and Disclosure Act (LMRDA). 1 The trial court awarded judgment to defendants after sustaining their demurrer to Smith’s emotional distress claims and granting their motions for judgment on the pleadings and summary judgment as to the remaining causes of action.

We hold the LMRDA does not preempt claims by a union employee against the union for wrongful discharge based on violation of the public policy against age and disability discrimination.

Facts and Proceedings Below

The following facts are essentially undisputed. Where there are disputes we give Smith’s version of the event if it is supported by evidence in the record. 2

In an election for…