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Summary Judgment for KM&M Client on Breach of Contract Claim

August 19, 2002

The U.S. District Court for the Central District of California has granted summary judgment for KM&M's client, a major entertainment company, in a breach of contract case. While working as a technician, the plaintiff requested permission to provide reporting services for one of our client's competitors. The request was refused and the plaintiff asked his union to grieve the decision on his behalf. When the union declined to do so, the plaintiff sued the union (for breach of the duty of fair representation) and his employer (for breach of contract). We moved for summary judgment on behalf of the employer. In ruling on our motion, the Court held that the plaintiff failed to show that any applicable contract precluded the conduct of which he complained. The Court further held that, even if there were a technical breach, the plaintiff could not proceed against his employer in court because the union acted within its discretion in deciding not to grieve the issue. Accordingly, the Court granted summary judgment, dismissing the plaintiff's claims in their entirety.