Free Complaint - District Court of California - California

Case 3:07-cv-05034-JCS

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Filed 09/28/2007

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ALBERT L. BOASBERG Attorney at Law Alexander Building, Suite 1106 155 Montgomery Street San Francisco, CA 94104 Telephone (415) 989-6960 State Bar No. 31205 Attorney for Plaintiff ANTONIO OZUNA, JR.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ANTONIO OZUNA, JR., Plaintiff, vs. AMERICAN FEDERATION OF, GOVERNMENT EMPLOYEES, COUNCIL OF PRISON LOCALS, LOCAL 3584; JOHN GAGE, DOES 1 TO 10, Defendants.

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No. C 06 3820 PJH

COMPLAINT FOR BREACH OF UNION'S DUTY OF FAIR REPRESENTATION (29USCA Sec. 185) AND DEMAND FOR TRIAL BY JURY

Plaintiff, ANTONIO OZUNA, JR., alleges as follows: 1. Plaintiff brings this action under, and jurisdiction thereof is

conferred on this Court, by virtue of Sec. 301 of the Labor Management Relations Act of 1947, as amended, (29 USCA Sec. 185), hereinafter referred to "the Act", to recover damages for Plaintiff's unlawful discrimination by Plaintiff's employer, the U.S. Department of Justice, Federal Bureau of Prisons.

Complaint

Case 3:07-cv-05034-JCS

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Filed 09/28/2007

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2.

On or about October 26, 2006, Plaintiff was denied

promotion and the salary and benefits to which he was entitled because of his race, sex, age, disability, national origin and color. 3. from an ankle injury. 4. union. 5. Defendant union was and still is a labor organization, Defendant, JOHN GAGE, is the President of Defendant Plaintiff is a Hispanic male, over the year of 40 and suffers

representing employees in an industry affecting commerce, as defined in Secs. 2(5) and 501(1) and (3) of the Act and within the meaning of Sec. 301 of the Act. 6. During all times mentioned herein, Defendant Union was

the certified collective bargaining representative of the bargaining unit of Plaintiff's said employer. 7. Despite Plaintiff's timely demands for action on his behalf,

Defendants took no action to protest or to counter the illegal discrimination directed at Plaintiff by his said employer, and as a proximate result thereof, Plaintiff has lost salary and other employments in a sum well in excess of $75,000. 8. Prior to instituting this suit, Plaintiff duly filed a complaint

against Defendants for discrimination with the U.S. Equal Employment Opportunity Commission, and Plaintiff has duly received a "right-to-sue" letter. WHEREFORE, Plaintiff prays for judgment against Defendants, as follows: 1. 2. For compensatory damages, according to proof; For punitive damages, according to proof;
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Case 3:07-cv-05034-JCS

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Filed 09/28/2007

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3. 4. 5. proper.

For reasonable attorney's fees; For trial by jury; and For such other relief as the Court may deem meet and

Dated: September 27, 2007.

_____________________________ ALBERT L. BOASBERG, Attorney for Plaintiff

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