LUTHER M. YOUNG, JR., APPELLANT,
v.
SOUTHWESTERN BELL TELEPHONE COMPANY, APPELLEE
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The court held that an employer may discharge an employee at will if the labor contract does not limit this right and the discharge is not for protected union activity.
Plaintiff sued his employer alleging breach of the collective bargaining contract by discharge, despite the contract not limiting the employer's right…
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PER CURIAM.
Young, the plaintiff, brought an action in the United States District Court under § 301 of the National Labor Relations Act, as amended, 29 U.S.C. § 185, alleging that Southwestern Bell, his employer, had breached its collective bargaining contract by discharging him at a time when he had less than three years’ service with the company.
Young sought reinstatement, back pay and restoration of all other rights. The labor contract does not limit the company in its right to discharge an employee with less than three years’ service. This is not disputed. The case was submitted to the court on cross-motions for summary judgment.
It is settled law that absent a contractual provision, the employer has the right to hire and discharge employees at will provided the motivating cause is not a protected union activity. See, e. g., Kellwood Co., Ottenheimer Bros. Mfg. Div. v. NLRB, 411 F. 2d 493 (8th Cir. 1969).
Chief Judge Henley, in a published memorandum opinion, thoroughly recites the facts and sets forth the applicable law. We agree with the conclusion reached and affirm the judgment on the basis of the district court opinion in Young v. Southwestern Bell Telephone Co., 309 F.Supp. 475 (E.D.Ark.1969).
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Citator
Cited By
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Smith v. Kerrville BUS Co., Inc., 709 F.2d 914 (5th Cir. 1983)
Authorities Cited
- Kellwood Co. v. Nat'l Labor Relations Bd., 411 F.2d 493 (8th Cir. 1969)