Conner v. Dart Transportation Service

[322]

Opinion

THOMPSON, J.

This is an appeal from a summary judgment granted defendants in an action asserting defamation, inducement of breach of a union’s duty of fair representation, and breach of an oral contract of employment. It raises the issue of the collateral estoppel consequences of findings in a labor grievance proceeding which, if conclusive in the case at bench, bar plaintiff’s recovery. Concluding that the doctrine of collateral estoppel applies, we affirm the judgment.

Ray O. Conner was employed by Dart Transportation Service as a truck driver. He was a member of Western States Area Pick-up and Delivery Local Cartage and Dock Workers Union and covered by a collective bargaining agreement between the union and Dart. Conner was discharged from his job for stealing coffee from his employer. Pursuant to article 45 of the collective bargaining agreement, Conner initiated a grievance proceeding, asserting that he had been improperly fired. As required by the agreement, a hearing was conducted on Conner’s grievance at which Conner was represented by a union agent. On August 10, 1971, the hearing board, consisting of the “Joint State Committee” designated in the agreement, concluded that Conner had properly been discharged for dishonesty. Article 45 provides that: “Where a Joint State Committee ... settles a dispute ... [sjuch a decision will be final and binding on both parties.”

Plaintiff did not attack the validity of the Joint State Committee determination. On February 18, 1972, he filed his complaint against Dart and one of its officers, commencing the case at bench. The complaint, as eventually twice amended, is framed in eight causes of action. The first six allege different publications of the assertedly false statement that plaintiff was discharged for dishonesty. The seventh asserts that defendants conspired with the union to cause it to breach its contract with Conner, but does not state the manner in which the union’s contract was breached. The eighth cause of action asserts that defendants breached their employment contract with Conner by discharging him without cause.

Defendants filed a motion for summary judgment establishing without contradiction the facts which we have recited in this opinion. Notice of the motion was served personally upon Conner’s counsel on August 15, 1976, with hearing scheduled for August 25. On August 21, Conner’s