Legal Opinion
Lane v. I.U.O.E Stationary Engineers
California Court of Appeal
Decided July 18, 1989No. C005488PublishedCited by 6 opinions
1Opinion of the Court
Opinion
SPARKS, Acting P. J.
This is a pleading case and the question on appeal is whether the trial court erroneously sustained a demurrer without leave to amend. The question turns upon whether a labor union, voluntarily representing one of its members in a disciplinary hearing before a municipal civil service board, had a duty of care and, if so, upon the nature of such duty. We conclude that under the facts alleged the union owed its member a duty akin to that of fair representation and such a duty would be breached if the union acted arbitrarily, discriminatorily or in bad faith.
Plaintiff…
2Cases cited31 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
- Humphrey v. MooreSupreme Court of the United States · 1964
- Farmer v. United Brotherhood of Carpenters & Joiners of America, Local 25Supreme Court of the United States · 1977
- Serrano v. PriestCalifornia Supreme Court · 1971
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3Cited by6 opinions
- County of Los Angeles v. Los Angeles County Employee Relations CommissionCalifornia Supreme Court · 2013
- Setliff v. E. I. Du Pont De Nemours & Co.California Court of Appeal · 1995
- Jones v. OmnitransCalifornia Court of Appeal · 2004
- Hussey v. Operating Engineers Local Union No. 3California Court of Appeal · 1995
- Paulsen v. Local No. 856 of International Brotherhood of TeamstersCalifornia Court of Appeal · 2011
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