Rollins v. Community Hospital of San Bernardino

Plaintiff filed suit against the Hospital and the Union under section 301 of the Labor Management Relations Act, 29 U.S.C. 185, alleging that the Hospital’s failure to allow her to “bump” back to her prior Ward Clerk position violated a 2007 Seniority Agreement and a 2008 collective bargaining agreement (CBA). Plaintiff also alleged that the Union breached its duty of fair representation by failing to pursue her grievance on this issue. Plaintiff settled her suit against the hospital and the district court granted summary judgment to the Union. The court rejected the Union's argument that the Seniority Agreement is inadmissible under the parol evidence rule or was superseded by the 2008 CBA. The court concluded that plaintiff has shown a violation of the Security Agreement and the CBA. The court also concluded that, if plaintiff's evidence is believed, she has shown a violation of the Union’s duty of fair representation. In this case, there is ample evidence showing that the Union acted improperly by failing to put plaintiff's claims through the Union's own formal mechanisms for reviewing the merits of grievances, by including plaintiff in a class action grievance that did not raise her specific claim, and by providing weak or invalid justifications for rejecting her claim. Accordingly, the court reversed and remanded for further proceedings. View "Rollins v. Community Hospital of San Bernardino" on Justia Law