International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, General Truck Drivers, Office, Food & Warehouse Local 952 v. American Delivery Service Co.
Opinion
Lead Opinion
Goodwin, J.
General Truck Drivers, Office, Food and Warehouse Local 952, International Brotherhood of Teamsters, Chauffeurs, Warehouse-men and Helpers of America, AFL-CIO (“the Union”) filed this action against American Delivery Service Company, Inc. (“ADS”), and ADS’s parent, Montgomery Ward & Company, Inc. (“Ward”), under Section 301(a) of the Labor Management Relations Act of 1947 (“Section 301(a)”), 29 U.S.C. § 185 , and the Worker Adjustment and Retraining Notification Act (‘WARN”), 29 U.S.C. § 2101 et seq.
Ward operates a merchandise warehouse in Garden Grove, California, known as the Big Ticket Distribution Center (“BTDC”). ADS, a wholly-owned subsidiary of Ward, formerly provided Ward with customer delivery service from the BTDC. Ward’s contract with ADS gave Ward the right to terminate this arrangement, either upon thirty days’ written notice, or immediately in the event of a work stoppage. ADS had a work stoppage, and Ward exercised its right. The Union represents individuals who formerly worked for ADS at the BTDC, but lost their jobs when Ward cancelled its delivery arrangement with ADS.
The Union brings claims against ADS and Ward under Section 301(a) and WARN. According to the…