· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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