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· 5/15/1987

Thomas Tellez v. Pacific Gas and Electric Company, Inc., and Does I-X, Inclusive

Citations

  • 817 F.2d 536
  • 2 I.E.R. Cas. (BNA) 310
  • 125 L.R.R.M. (BNA) 2481
  • 1987 U.S. App. LEXIS 6336

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding each element of defamation action may be resolved without interpretation of the CBA
  • holding each element of defamation action may be resolved without interpretation of the CBA
  • finding that 14 an IIED claim was not preempted where the bargaining agreement was “silent on 15 work conditions, and vague on disciplinary formalities.”
  • holding plaintiff’s defamation claim not preempted since 14 CBA neither requires management to send written notice of suspension nor provides guidelines 15 where notice sent
  • finding plaintiff’s claim of intentional infliction of emotional distress as the result of the employer’s distribution of a defamatory letter not preempted, noting that “[t]he collective bargaining agreement does not envision such behavior”
  • “California's defamation law establishes 3 nonnegotiable rights and obligations independent of any labor contract.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Choy, Goodwin, Pregerson

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.