Phillips v. Babcock & Wilcox

BROSKY, Judge:

This is an appeal from the order granting appellee’s motion for summary judgment and dismissing appellant’s complaint in this civil action for the tort of wrongful discharge.

Appellant’s sole issue is whether a civil action for the tort of wrongful discharge can be maintained by a union employee whose employment relationship is governed by a collective bargaining agreement. The trial court found that such an action is unavailable to employees who are protected from peremptory discharge by some other means, i.e. contract or statute. Since under the terms of the collective…