(Download) "United States v. Ant" by United States Court of Appeals for the Ninth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Ant
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 27, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
David W. Jackson appeals from the district courts dismissal of his action against Southern California Gas Company (SCGC) and several employees of SCGC. Jackson, a black man, alleges that he was the victim of discriminatory employment practices causing him to be constructively discharged. Jackson filed his complaint in state court alleging a claim of discrimination under various sections of the California Fair Employment and Housing Act, as well as a contract and several tort claims. SCGC removed the case to federal court. The district court dismissed Jacksons complaint in its entirety. The court concluded that the claims were preempted under federal labor law, and found that Jackson failed to exhaust the grievance procedures contained in the collective bargaining agreement between SCGC and Jacksons union, Local 132 of the Utilities Workers Union of America, AFL-CIO. We affirm the dismissal of Jacksons claims for breach of contract, breach of an implied covenant of good faith and fair dealing, constructive wrongful/tortious discharge, and negligent and intentional infliction of emotional distress. We reverse and remand the dismissal of Jacksons claims for discrimination, wrongful discharge in violation of public policy, and defamation.