Procedural Posture

Appellant former employee asserted causes of action for breach of contractual duty by appellee union to represent him in grievance proceedings, breach of employment contract by appellee former employer, and for false representation by appellees, employer’s agent and union representative, with intent to induce breach of employment contract in the Superior Court, Los Angeles County (California). Employee appealed the trial court’s dismissal.

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Overview

On review, the court affirmed in part and reversed in part. The court held that it appeared that employee could state a cause of action against employer, union, and union representative, which would be cognizable in state court, for the alleged failure of union to fairly represent him in the grievance procedures provided by the collective bargaining agreement between employer and union. The court further concluded that it appeared that employee made an abortive attempt to file such a cause of action by his proposed amended complaint. Accordingly, the court concluded that, under the circumstances, employee should be afforded the opportunity to file an amended complaint, if he is so advised, against employer, union, and union representative, setting forth a cause of action based upon union’s alleged failure to fairly represent him in the grievance procedures. Otherwise, the court affirmed the judgment of the trial court.

Outcome

The court affirmed in part and reversed in part. The court remanded the case to the trial court and instructed the trial court to permit employee to file an amended complaint in accordance with the court’s opinion.