Sheila Conkle v. Sulinna Jeong, D/B/A Laird's Food Market Baldwin Jeong Local 1179, United Food and Commercial Workers International

Good Law
73 F.3d 909·95 Daily Journal DAR 17147·1995 WL 759007·151 L.R.R.M. (BNA) 2065·33 Fed. R. Serv. 3d 1347
United States Court of Appeals for the Ninth CircuitDecember 27, 199594-16012California3,484 words

Opinion

Opinion

Choy, J.

Appellant Sheila Conkle (“Conkle”) appeals the summary judgment for defendants in her action against her former employers and union for breach of § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 , for slander, and for intentional interference with prospective economic advantage. We affirm.

I. Factual and Procedural Background

Conkle began working at Laird’s Market (“Laird’s”) on September 30, 1976, and subsequently joined United Food and Commercial Workers Union, Local 1179 (“Local 1179” or “the union”). Conkle worked as a “liquor clerk” until 1990, when the union pressured Laird’s to reclassify her as a higher-paid “grocery clerk.” Her duties involved checking groceries for customers and occasional light lifting. Conkle alleges that Laird’s had an unwritten policy of allowing female employees to refuse to lift items and instead ask male employees for help.

After the reclassification, Conkle had to perform more heavy lifting, which resulted in a back injury on November 5, 1991. Con-kle’s family practitioner, Dr. Dana Slauson, allowed Conkle to return to work on condition that she refrain from lifting. On November 8, 1991, the last day that Conkle worked at Laird’s,…

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