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Smith v. Communication Workers of America District 9 Union AFL-CIO

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 20, 2009

BLAKE SMITH PLAINTIFF,
v.
COMMUNICATION WORKERS OF AMERICA DISTRICT 9 UNION AFL-CIO AND COMMUNICATION PACIFIC BELL TELEPHONE COMPANY, INC., AT&T COMMUNICATIONS OF CALIFORNIA, INC., SBC TELECOM, INC., COMMUNICATIONS WORKERS OF AMERICA LOCAL 9333 UNION AFL-CIO, COMMUNICATION WORKERS OF AMERICA DISTRICT 9 UNION AFL-CIO, SHANE SPENCER, AN INDIVIDUAL, ALAN BROWN, AN INDIVIDUAL, AND DOES 1-100 DEFENDANTS.

The opinion of the court was delivered by: Judge: Oliver W. Wanger

ORDER GRANTING DEFENDANTS WORKERS OF AMERICA, LOCAL UNION 9333, AFL-CIO MOTION FOR SUMMARY JUDGMENT (THIRD, FOURTH, FIFTH AND SIXTH CAUSES 25 OF ACTION)

Courtroom: 3

The Motions for Summary Judgment of Defendant COMMUNICATION WORKERS OF AMERICA, DISTRICT 9 and Defendant COMMUNICATION WORKERS OF AMERICA, LOCAL 9333 (collectively "Union") came on for hearing in Courtroom 3 of this Court on September 29, 2008. After oral argument, supplemental briefing was provided and the matter was deemed fully submitted on November 10, 2008.

Having read the motions, the points and authorities and supporting evidence filed by all parties, and having heard argument of counsel, the Court issued its memorandum decision on August 12, 2009.

Plaintiff cannot sustain his claim for breach of contract (third cause of action) against the Union. That claim is subsumed by the breach of the duty of fair representation claim.

Accordingly, the Union's request for summary judgment on the third cause of action is granted.

Plaintiff cannot sustain his claim for fraud (fourth cause of action) against the Union.

Plaintiff presents no evidence to support the required elements of the common law cause of action for fraud. Accordingly, the Union's request for summary judgment on the fourth cause of action is granted.

Plaintiff cannot sustain his claim for breach of the duty of fair representation (fifth cause of action) against the Union. Plaintiff has not created a genuine issue of material fact that the union's conduct in the investigation, handling, and decision not to arbitrate the grievance was arbitrary, discriminatory or in bad faith. Accordingly, the Union's request for summary judgment on the fifth cause of action is granted. Plaintiff cannot sustain his claim for defamation by slander and blacklisting (sixth cause of action) against the Union. There is no supported allegation of defamation against the Union and no evidence or argument that the Union engaged in blacklisting. Accordingly, the Union's request for summary judgment on the sixth cause of action is granted.

The August 11 and 12, 2008 filings of Plaintiff, including the Supplemental Affidavit of Michael Caloyannides, Ph.D. and the three Reply and Objections to Defendants' Separate Statements of Undisputed Facts were untimely, and thus, are stricken.

The Court's further reasoning and its rulings on Defendants' motions to strike and the parties' objections are set out in the two Memorandum Decisions regarding Defendants' Summary Judgment Motions, entered August 12, 2009, and incorporated by this reference.

IT IS HEREBY ORDERED that the Motions for Summary Judgment of Defendants COMMUNICATION WORKERS OF AMERICA, DISTRICT 9 and COMMUNICATION WORKERS OF AMERICA, LOCAL 9333 are granted in their entirety.

The Honorable Oliver W. Wanger United Sates District Court Judge

20090820

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