Attached is a copy of the Judge’s order dismissing the Letbetter complaint.
Following the dismissal of the Demetris complaint, the Letbetter plaintiffs’ argument was that despite the prior ruling to the contrary by the District Court in Oklahoma, their claims really were state law claims not duty of fair representation claims like those in Demetris.
The Judge in California noted that the Letbetter plaintiffs agreed that the rationale dismissing the Demetris duty of fair representation claims would apply to their case if it was properly characterized as a DFR case. The California Judge said he agreed with the Judge in Oklahoma that the Letbetter complaint is properly characterized as a DFR complaint so he therefore dismissed the Letbetter complaint.
At this point the Letbetter plaintiffs will have the right to file their own appeal which would likely be consolidated with the Demetris appeal.
Rich
Rich Edelman has worked to protect and advance the rights of working people and their unions before courts, administrative agencies, arbitrators and Congress for over thirty years. More Here