Pimental v. Safeway Stores, Inc.

Opinion

STONE, J.* Statement of Case and Facts

Plaintiff appeals from an order of the superior court granting motion for summary judgment in favor of two defendants: U.C.F.W. Local 126 Union (Union) and Safeway Stores, Inc. (Safeway).1

Plaintiff was discharged on December 10, 1983, after approximately 20 years of employment as a butcher for Safeway. He allegedly “sold” himself a $30 salmon for $5.70 in violation of store policy. Plaintiff filed a grievance through Union, and a joint adjustment board heard the case on February 7, 1984. The board “deadlocked” and denied plaintiff arbitration on February 13, 1984. The Union, instead, negotiated a settlement with Safeway whereby plaintiff’s personnel records would reflect a “voluntary quit.”

On June 6, 1984, plaintiff filed a complaint for damages against defendants Safeway, Union, and individual employees of Safeway. The complaint alleged four causes of action: (1) wrongful discharge against defendant Safeway; (2) intentional infliction of emotional distress by individual defendant employees; (3) negligent infliction of emotional distress by the same individual defendants; and (4) breach of the duty of fair representation by defendant Union. Plaintiff did not serve defendants until September 14, 1984, more than six months after the occurrence of the alleged unfair labor practice, which took place on February 13, 1984.

Plaintiff’s causes of action against defendants Safeway and Union were based on the National Labor Relations Act, namely, an employer’s breach of a collective bargaining agreement and a union’s breach of a duty of fair representation.

[95]All defendants filed answers and motions for summary judgment. The trial court, in its ruling on December 17, 1985, refused to grant Safeway’s motion on the first cause of action. It granted Union’s motion on the fourth cause of action on the basis that the action was barred by the six-month statute of limitations as provided in section 10(b) (29 U.S.C. § 160(b)) of the National Labor Relations Act. Summary judgment was filed January 7, 1986, in favor of Union and against plaintiff.

Safeway amended its answer and made a new motion for summary judgment on the first cause of action alleging a statute of limitations bar as an affirmative defense. The trial court granted Safeway’s motion on April 24, 1986. Summary judgment was filed May 12, 1986.