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United States Court of Appeals for the Ninth Circuit
March 14, 1990, Argued and Submitted ; August 10, 1990, Filed
[*235] 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, [**2] and that the district court erred in finding that LOG had reasonably accommodated his religious beliefs. We affirm.
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 [**3] 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.
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911 F.2d 233 *; 1990 U.S. App. LEXIS 13669 **; 140 L.R.R.M. 2020; 58 Fair Empl. Prac. Cas. (BNA) 930; 116 Lab. Cas. (CCH) P10,280; 54 Empl. Prac. Dec. (CCH) P40,179; 7 I.E.R. Cas. (BNA) 1767
Joseph Christopher Cook; Dorothy Cook, Plaintiffs-Appellants, v. Lindsay Olive Growers, and Does 1 through 25, inclusive, Defendants-Appellees
Prior History: [**1] Appeal from the United States District Court for the Eastern District of California; Robert E. Coyle, District Judge, Presiding; D.C. No. CV-88-656-REC.
preempted, accommodated, terms, observance, preemption, night, emotional distress, collective bargaining agreement, emotional distress claim, religious discrimination, wrongful discharge, district court, outrageous, grievance, religious, reasonable accommodation, religious belief, summary judgment, fair dealing, good faith, state law, covenant, sabbath, boiler, violate public policy, undue hardship, limitations, seniority, six-month, overtime
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