Cook v. Lindsay Olive Growers

911 F.2d 233, 7 I.E.R. Cas. (BNA) 1767, 140 L.R.R.M. (BNA) 2020, 1990 U.S. App. LEXIS 13669, 54 Empl. Prac. Dec. (CCH) 40,179, 58 Fair Empl. Prac. Cas. (BNA) 930, 1990 WL 113319
Court of Appeals for the Ninth Circuit·Decided August 10, 1990·No. No. 88-15741·Published·Cited by 88 cases

Opinion

BOOCHEVER, Circuit Judge:

Joseph Christopher Cook (Cook) and his wife Dorothy Cook appeal from the district court’s grant of summary judgment to Lindsay Olive Growers (LOG). Cook argues that his claims for wrongful termination, breach of the covenant of good faith and fair dealing, intentional and negligent infliction of emotional distress, and employment discrimination on the basis of religion are not preempted by § 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185(a) (1982). He also argues [236] that his common-law claims are not precluded by California’s statutory remedy for religious discrimination, and that the district court erred in finding that LOG had reasonably accommodated his religious beliefs. We affirm.

FACTS

In August of 1980, Cook began work as a boiler operator in LOG’s olive processing plant. Cook was a member of General Teamsters Local 94, and a collective bargaining agreement (CBA) between the Teamsters and LOG was in effect throughout his employment.

As a member of the Worldwide Church of God, Cook was required to observe the sabbath and abstain from working from sunset Friday to sunset Saturday. This religious observance did not present a problem during his first four years of employment. The Lindsay plant operated seven days a week, twenty-four hours a day, and Cook was able to work a Sunday through Thursday night shift. In 1984, however, LOG changed its olive processing operations, and the plant began to operate on a five-day work week. Because no Sunday work was available, Cook was assigned to a standard night shift, Monday through Friday from 10 p.m. to 6 a.m. The Friday night work conflicted with his religious observance, but LOG did not require him to work that night. Two other boiler operators voluntarily covered Cook’s Friday shift on a rotating basis; under the terms of the CBA, they could not receive overtime pay for the Saturday work following the Friday night shift. Cook thus worked only four shifts a week.

In September of 1986, the two other boiler operators informed LOG they were no longer willing to substitute for Cook on Friday nights. LOG responded by attempting to locate someone else at the plant qualified to operate the boiler on Cook’s Friday night shift. LOG also called the Teamsters to discuss possible solutions, and contacted the California Employment Development Department (CEDD) to locate a one-day-per-week boilermaker to work Cook’s Friday night shift. When these efforts failed, LOG reviewed the openings at the processing plant for cannery mechanic positions for Cook, but there were none. For economic reasons, LOG decided against paying overtime to the other boiler operators to cover Cook’s Friday night shift.

Finally, LOG transferred Cook to a general laborer position, Monday through Friday, 7 a.m. to 3 p.m., a schedule allowing Cook to observe his sabbath. The pay was $.80 less per hour than what Cook had been earning. Because Cook would have worked five rather than four shifts per week, however, his gross weekly pay would have increased by about forty dollars. Cook received notice of the transfer on October 10, 1986. He took personal leave from October 14 to 26. When he failed to report to work or call in on October 27 and five consecutive days thereafter, he was fired.

PROCEDURE

Cook filed a grievance with the Teamsters. After a hearing on November 7, 1986, the grievance committee found that LOG was justified in firing Cook for refusing the work transfer and for not calling in prior to his shift for six days.

Eight months later, Cook and his wife Dorothy filed a complaint in California state court on July 9, 1987, alleging five causes of action: wrongful termination, breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress, employment discrimination based on religious beliefs, and as to both Cook and his wife Dorothy, negligent infliction of emotional distress. LOG removed the action to federal district court, and Cook filed a first amended complaint there, deleting all references to the CBA and stating his fourth cause of action as for employment discrimination under Cal. Gov’t Code § 12940 (West Supp.1990). After discovery was complete, LOG filed a motion for summary judgment. Following a hearing, the district court granted the motion.

The district court held that the basis of Cook’s complaint was a breach of the CBA, [237] and as a result all his claims were preempted by § 301 of the LMRA. Summary judgment was awarded because Cook did not bring his action within the six-month federal statute of limitations governing suits against an employer for breach of a CBA. The court also ruled that even if the claims were not preempted, Cal. Gov’t Code § 12940 provided an exclusive remedy displacing all common law remedies. Finally, it found that LOG reasonably accommodated Cook’s religious observance as a matter of law.

ISSUES

This court reviews de novo a grant of summary judgment, determining “whether, viewing the evidence in the light most favorable to the nonmoving party, there are any genuine issues of material fact and whether the district court applied the relevant substantive law.” Tzung v. State Farm Fire & Casualty Co., 873 F.2d 1338, 1339-40 (9th Cir.1989). The district court was correct in applying a six-month statute of limitations to any of Cook’s claims which were preempted by § 301. See DelCostello v. International Bhd. of Teamsters, 462 U.S. 151, 155, 103 S.Ct. 2281, 2285, 76 L.Ed.2d 476 (1983). We now analyze whether the district court properly found preemption.

Free access — add to your briefcase to read the full text and ask questions with AI

Cook v. Lindsay Olive Growers, 911 F.2d 233, 7 I.E.R. Cas. (BNA) 1767, 140 L.R.R.M. (BNA) 2020, 1990 U.S. App. LEXIS 13669, 54 Empl. Prac. Dec. (CCH) 40,179, 58 Fair Empl. Prac. Cas. (BNA) 930, 1990 WL 113319 (9th Cir. 1990).

911 F.2d 233 (Cook v. Lindsay Olive Growers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

PRUITT v. T-MOBILE USA, INC.
W.D. Pennsylvania, 2025
Perez v. Foster Poultry Farms
E.D. California, 2024
Nelson v. Foster Poultry Farms
E.D. California, 2023
Camara v. Epps Air Serv., Inc.
292 F. Supp. 3d 1314 (N.D. Georgia, 2017)
Alaska Airlines v. Judy Schurke
846 F.3d 1081 (Ninth Circuit, 2017)
Rosemary Garity v. Apwu National Labor Org.
655 F. App'x 523 (Ninth Circuit, 2016)
Klausen v. Warner Bros. Television
158 F. Supp. 3d 925 (C.D. California, 2016)
Alfredo Lam v. City & County of San Francisco
565 F. App'x 641 (Ninth Circuit, 2014)
Mayes v. Kaiser Foundation Hospitals
917 F. Supp. 2d 1074 (E.D. California, 2013)
Jose Felix v. Baxter Healthcare Corporation
472 F. App'x 684 (Ninth Circuit, 2012)