Taylor v. Lockheed Martin Corp., 113 Cal. App. 4th 380 (2003)

Walter Taylor filed suit against Lockheed Martin Corporation alleging, among other things, wrongful termination in violation of Labor Code §§ 1102.5 and 6310 (prohibiting retaliation against an employee who has complained about unsafe working conditions in the workplace). Taylor, a member of the International Association of Machinists, also filed a grievance with the union. After an arbitrator ruled that Taylor had been terminated for just cause, Lockheed successfully moved for summary judgment of Taylor’s civil claim based on the doctrine of collateral estoppel. The Court of Appeal reversed the judgment, holding that since Lockheed had failed to submit the collective bargaining agreement (CBA) as part of its motion for summary judgment, there was no evidence before the Court that the CBA contained a clear and unmistakable waiver of a union member’s individual right to sue for retaliatory discharge under Labor Code § 6310.