Walker v. Boeing Corp.

• Decision Date: 09 May 2002
• Docket Number: No. CV 00-02557 WMB(SHx).,CV 00-02557 WMB(SHx).
• Citation: 218 F.Supp.2d 1177
• Court: U.S. District Court — Central District of California
• Parties: Gary J. WALKER, Plaintiff, v. BOEING CORPORATION; International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW); Neill Aircraft and Does 1 through 20, inclusive, Defendants.

218 F.Supp.2d 1177

Gary J. WALKER, Plaintiff, v. BOEING CORPORATION; International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW); Neill Aircraft and Does 1 through 20, inclusive, Defendants.

No. CV 00-02557 WMB(SHx).

United States District Court, C.D. California.

May 9, 2002.

COPYRIGHT MATERIAL OMITTED

Christopher M. Stevens, Grady & Stevens, Beverly Hills, CA, for Gary J. Walker.

Daniel F. Fears, Jeffrey K. Brown, Payne & Fears, Irvine, CA, for Boeing Corporation, esa Boeing Company.

Henry M. Willis, Robert M. Dohrmann, Schwartz, Steinsapir, Dohrmann & Sommers, Los Angeles, CA, for International Union United Automobile Aerospace & Agricultural Implement Workers of America (UAW).

Jeremy Laurence Tissot, John J. Tasker, Callahan, McCune & Willis, West Los Angeles, CA, for Neill Aircraft.

Neill Aircraft, defendant.

ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

WM. MATTHEW BYRNE, Jr., District Judge.

I. INTRODUCTION

In this action, plaintiff Gary J. Walker alleges that his employer Douglas Aircraft Company ("DAC"), the predecessor in interest of defendant Boeing Company ("Boeing"), conspired with DAC's parts vendor Neill Aircraft Company ("Neill Aircraft") to fabricate a sexual harassment pretext for his termination from DAC's employ. Walker further alleges that his union, defendant International Union, United Automobile Aerospace and Agricultural Implement Workers of America ("UAW"), breached its duty to protect his interests as against DAC. Walker asserts claims against Boeing and Neill Aircraft for wrongful termination in violation of public policy, conspiracy, intentional and negligent infliction of emotional distress, and defamation. Walker asserts two additional claims against Boeing for wrongful termination in violation of public policy and violation of the California Labor Code's prohibition on misrepresenting a former employee's record to other potential employers. Walker's only claim against his union is for breach of the duty of fair representation.¹

Each of the three defendants now moves for summary judgment. Each contends that the claims against it are barred by the applicable statute of limitations and that the claims otherwise fail on the merits. For the reasons set forth below, this Court grants the motions for summary judgment in favor of all defendants on all causes of action.

II. BACKGROUND

In 1989, Gary Walker went to work for Boeing's predecessor DAC as a Source Inspector responsible for ensuring that the parts produced by DAC's suppliers met DAC's specifications. He was a member of the UAW union. In August 1996, an employee of Neill Aircraft contacted Walker's supervisor Gary Clayback to report that Leticia Sanchez had accused Walker of sexually harassing her. Clayback notified Richard Scurr, a Human Resources Representative in the Employee Relations Department at Boeing responsible for conducting investigations of allegations of sexual harassment. In addition to Sanchez and Walker, Clayback and Scurr interviewed four witnesses of the alleged harassment at Neill Aircraft. They also took statements from two DAC employees that Walker requested be interviewed.

According to Clayback and Scurr, Sanchez stated that within the same month, Walker had touched her once on the calf, once on the upper thigh, and once on the buttocks. She also stated that each time she resisted and told him not to do it again. Travis Compton, Sanchez's direct supervisor, stated that Sanchez had complained three times, and that Walker tried to find Sanchez after she was reassigned to another area of the facility. Kerwin Hieb, a quality source representative at Neill, stated that he witnessed Walker put his hand on Sanchez's upper thigh, and another time he took over for Sanchez because she was too upset to finish her job, accusing Walker of grabbing her buttocks. Larry Jordan, a Manufacturing Planner for Neill, stated that he witnessed Walker put his hand on Sanchez's buttocks. Manual Remo, a friend of Sanchez, said that she had come to him on several occasions upset about Walker touching her.

On September 9, 1996, Clayback and Scurr called a meeting with Walker to question him about the complaints. Walter "Shorty" Smith, a shop steward for UAW Local 148, attended the meeting. According to Clayback and Scurr, Walker denied any and all incidences of touching and asked that Kerwin Hieb, Travis Coleman, Shirley Avelar, and Cheryl Peterson be interviewed. Kerwin Hieb and Travis Coleman had already been interviewed. Shirley Avelar, a DAC source inspector, stated that Sanchez told her about the alleged incidences with Walker, and she told Sanchez to tell her management. Cheryl Peterson stated that she had not worked with Walker in several years, but spoke highly of him.

Scurr informed Walker on September 26, 1996, that Boeing had conducted an investigation and had come to the conclusion that he had sexually harassed Sanchez. Kevin St. Dennis, one of Walker's managers, then told Walker that he was going to be terminated that day. Walker testified in his deposition that September 26, 1996, was "the last day that I worked at Boeing." Walker Depo., v. I, 135:12-13. He testified that he was "advised [he] was being terminated on 9/27/96," and that he was "effectively terminated the same day." Id. at 135:18.

According to the UAW, the collective bargaining agreement ("CBA") between Boeing and the UAW provides for a five-step grievance procedure, ending in binding arbitration. Walker entered the grievance procedure at Step Three because his grievance concerned a discharge. Walker filed a grievance with the UAW on September 26, 1996, and the UAW filed a grievance with Boeing on the same day. The first meeting between Boeing and the UAW was approximately two weeks later. The UAW demanded that Boeing give it copies of all witness statements. Instead, Boeing read the statements to UAW representatives in Walker's absence.

The UAW decided to submit this dispute to mediation before proceeding to arbitration. The Union's position statement (1) challenged Boeing's failure to allow the Union to participate in the investigation, (2) attacked the evidence submitted by Boeing as inadequate or unreliable, (3) condemned Boeing's failure to consider Walker's excellent work record, (4) complained of Boeing's refusal to let the UAW inspect the statements it had obtained in its investigation, and (5) argued that Boeing did not have just cause to terminate Walker. The mediator concluded that an arbitrator would sustain Walker's discharge. Hence, the UAW voted to accept Boeing's disposition of Walker's grievance on May 19, 1997. Walker received notice that he lost the grievance at this time.

On May 23, 1997, Walker's attorney wrote to Local 148 to protest the UAW's representation during the grievance proceedings. On July 7, 1997, Walker filed an appeal with the UAW because his grievance did not go to arbitration. In response to an inquiry by the International Union as to why the Union had settled this grievance, Cheryl Bradshaw, international representative for UAW, stated that this case did not go to arbitration because of the strength of Boeing's claims. This included the interview of Sanchez, the statement from another Neill Aircraft employee that Sanchez complained to him three times, and the statements of two witnesses regarding the alleged inappropriate behavior. The Union accused Boeing of dismissing Walker for rejecting aircraft parts, attacked the investigation process, and claimed that the punishment did not fit the crime. However, Bradshaw stated that the mediator still ruled for Boeing, and that the grievance was not sent to arbitration because the UAW will not arbitrate grievances that it does not believe it is likely to win.

On December 22, 1998, the International Executive Board issued its decision to sustain Walker's appeal on the grounds that Boeing did not cooperate with the UAW in the investigation by not giving the UAW any opportunity for cross examination of the witnesses. However, in the CBA between Boeing and the UAW, there is no agreement with Boeing that allows the UAW to require Boeing to revive a grievance. After Walker's appeal was sustained, the UAW attempted to get Boeing to agree to reinstate and arbitrate the grievance. Boeing refused. Walker learned of Boeing's decision the first week of April 1999.

Walker subsequently called the American Arbitration Association, and was informed that he could petition to compel arbitration. On June 16, 1999 and July 1, 1999, Walker wrote to the International President to ask the UAW to petition to compel arbitration. However, an attorney at UAW's legal department told Walker that the UAW had some reservations about bringing a petition to compel arbitration, and then said the UAW could not do so. In early July 1999, Walker began seeking legal assistance to pursue a claim against the union and the company. Walker also contacted the National Labor Relations Board on July 20, 1999 to ask about filing an unfair labor practice charge against the UAW. The Board advised Walker to find an attorney, and prepared a charge for him accusing the UAW of breaching its duty of fair representation by failing to process his grievance. On or about August 2, 1999, the UAW sent Walker a letter stating that the UAW could not persuade private lawyers to undertake his case, and that they were closing the file on his appeal. This lawsuit followed on January 30, 2000.

III. LEGAL STANDARD

Rule 56(c) of the Federal Rules of Civil Procedure states that summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R.Civ.P. 56. An issue of fact is genuine if the admissible evidence could justify a...