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On 8 March plaintiff's employment was terminated because of the accident. Plaintiff was not charged with a crime, and he avers he was not drunk at the time of the accident. Plaintiff told the investigating officer for the California Highway Patrol he had drunk a pitcher of beer prior to the accident, an admission which later appeared in the accident report. plaintiff got in a traffic accident with another vehicle. driving with permission his employer's truck, which he had previously reported in need of a brake adjustment. On 17 February 1967 plaintiff left work for the day about 5:15 p.m. To resolve disputes under the agreement the parties established a four-step grievance procedure which culminated in arbitration. It also prohibited the discharge of an employee without good and sufficient cause. That agreement prohibited discrimination against any employee by the employer or by the union because of race, religion, creed, color, sex, or national origin. Plaintiff appeals the judgment of dismissal.Īccording to the complaint, plaintiff was an appliance serviceman employed by Gaffers and Sattler and a beneficiary of the collective bargaining agreement between his employer and United Steel Workers of America, Local 2018. The trial court overruled the demurrer of the union but sustained without leave to amend the demurrer of Gaffers and Sattler to the fourth amended complaint and dismissed the action against it. In his fourth amended complaint he pleaded three causes of action: the first for damages against Gaffers and Sattler for wrongful discharge in breach of a collective bargaining agreement the second for damages against the union for failure to prosecute his grievance in good faith the third for a declaration of rights against both defendants under the collective bargaining agreement. Plaintiff Gutierrez brought this action for damages and declaratory relief against his former employer (Gaffers and Sattler) and his union (United Steel Workers of America, Local 2018). GAFFERS AND SATTLER CORPORATION, a corporation, Defendant and Respondent. John GUTIERREZ, Plaintiff and Appellant, v. Court of Appeal, Second District, Division 2, California.