Power v. Kaiser Foundation Health Plan of the Mid-Atlantic States Inc.

MEMORANDUM OPINION

ELLIS, District Judge.

In this “hybrid” case brought pursuant to § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, 1 plaintiff claims that his employer lacked just cause to terminate him, and that his union breached its duty of fair representation by deciding not to pursue plaintiffs claim through arbitration. In the motion at bar, the union and the employer move for summary judgment, arguing that the union’s decision was within its discretion, and that the employer had just cause to terminate plaintiff.

I 2

On November 5, 1998, defendant Kaiser Foundation…