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GILL v. WESTINGHOUSE ELEC. CORP.

July 27, 1983

KENNETH A. GILL, PLAINTIFF,
v.
WESTINGHOUSE ELECTRIC CORP., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Shadur, District Judge.

MEMORANDUM OPINION AND ORDER

Kenneth Gill ("Gill"), a black man, sues Westinghouse Electric Corp. ("Westinghouse") and Local 1105, United Electrical Radio and Machine Workers of America ("Union"). Gill's Amended Complaint (the "Complaint") alleges:

    1. Westinghouse and Union imposed racially
  discriminatory employee discipline on him, in
  violation of 42 U.S.C. § 1981 ("Section 1981")
  (Count I).
    2. Westinghouse and Union violated their collective
  bargaining agreement (the "Agreement") by (a) their
  handling of Gill's resulting grievances and (b)
  Westinghouse's subsequent layoff of Gill while
  retaining less senior employees, for which violations
  Gill claims a right of action under Labor-Management
  Relations Act § 301, 29 U.S.C. § 185 ("Section
  301") (Count II).

Union has now moved in the alternative (1) to be dismissed from both Counts under Fed.R.Civ.P. ("Rule") 12(b)(6) or (2) for summary judgment on both Counts under Rule 56.*fn1 Westinghouse has filed a parallel motion and alternative motion as to Count II. For the reasons stated in this memorandum opinion and order:

    1. Union's motions (a) to be dismissed from Count I
  and (b) for summary judgment on Count II are granted.
    2. Westinghouse's summary judgment motion on Count
  II is granted.

Union's Motions

Count I

Complaint Count I ¶ 5 alleges:

    1. Gill had an accident while employed as a
  Westinghouse jeep driver.
    2. He was disciplined for that accident by a
  December 3 to 17, 1982 suspension.
    3. He received no written notice from Westinghouse
  concerning either his suspension ...

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