Hickman
Hickman v. Summit Logistics, Inc.
Opinion
Lead Opinion
MEMORANDUM *
Plaintiff Matthew Hickman appeals a grant of summary judgment in favor of defendants and the denial of his motion for reconsideration. Hickman’s complaint alleges a hybrid Labor Management Relations Act § 301/National Labor Relations Act fair representation cause of action. We have jurisdiction, 28 U.S.C. § 1291 , 1 and we affirm.
*942 We review orders granting summary judgment de novo. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). We review the interpretation of collective bargaining agreements de novo. Simula, Inc. v. Autoliv, Inc., 175 F.3d 716, 719 (9th Cir.1999). We review denials of motions for reconsideration for abuse of discretion. Minnesota Mut. Life Ins. Co. v. Ensley, 174 F.3d 977, 987 (9th Cir.1999).
II
The claimed basis for Hickman’s discharge was “severe misconduct.” “[Sjevere misconduct” discharges do not require application of the procedural protections appropriate for “just cause” discharges under the collective bargaining agreement. “[IJmmediate discharge” (emphasis added) is permitted for such misconduct. Hickman’s act of misconduct, his second such act involving Summit’s sole customer, qualified as “severe misconduct.”…