Filed: Jan. 13, 2016
Latest Update: Jan. 13, 2016
Summary: MEMORANDUM AND ORDER SAM E. HADDON , District Judge . INTRODUCTION This case arises from the Amended Complaint and Demand for Jury Trial 1 of Plaintiff Aaron Frank ("Frank") filed in this Court on June 23, 2015. On November 30, 2015, the Court held a hearing on Defendants' Motions to Dismiss by which Defendants Cole Parker, John Costello, Greg Forsythe, and Brad Schmier (the "Councilmen") and Defendant Town of West Yellowstone (the "Town") sought partial dismissal of Counts I, II, IV, V
Summary: MEMORANDUM AND ORDER SAM E. HADDON , District Judge . INTRODUCTION This case arises from the Amended Complaint and Demand for Jury Trial 1 of Plaintiff Aaron Frank ("Frank") filed in this Court on June 23, 2015. On November 30, 2015, the Court held a hearing on Defendants' Motions to Dismiss by which Defendants Cole Parker, John Costello, Greg Forsythe, and Brad Schmier (the "Councilmen") and Defendant Town of West Yellowstone (the "Town") sought partial dismissal of Counts I, II, IV, V,..
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MEMORANDUM AND ORDER
SAM E. HADDON, District Judge.
INTRODUCTION
This case arises from the Amended Complaint and Demand for Jury Trial1 of Plaintiff Aaron Frank ("Frank") filed in this Court on June 23, 2015.
On November 30, 2015, the Court held a hearing on Defendants' Motions to Dismiss by which Defendants Cole Parker, John Costello, Greg Forsythe, and Brad Schmier (the "Councilmen") and Defendant Town of West Yellowstone (the "Town") sought partial dismissal of Counts I, II, IV, V, VI, and IX against the Town and dismissal of all counts against the Councilmen.2 Upon the record made in open court, the Court dismissed Counts I, II, III, IV, V, VI, and IX as to all Defendants. It also dismissed all claims against the Councilmen in their official and individual capacities. Ruling on Count VIII, Plaintiffs constructive discharge claim under the Wrongful Discharge from Employment Act ("WDEA"), as it related to the Town was taken under advisement. The parties were ordered to submit additional briefs on Count VIII which were filed December 4, 2015.3
DISCUSSION
The WDEA provides that it does not apply to a discharge "of an employee covered by a written collective bargaining agreement[.]"4 The Montana Supreme Court has interpreted this language to unequivocally state that the WDEA does not apply to an employee whose employment is governed by a collective bargaining agreement.5 At all times material, Frank was the member of the West Yellowstone Police Protective Unit which had a collective bargaining agreement with the Town of West Yellowstone. His employment was governed by that agreement. The WDEA has no application to Frank's constructive discharge claim.
CONCLUSION
Count VIII should be dismissed.
ORDERED:
1. Defendant Town of West Yellowstone's Partial Motion to Dismiss6 as it relates to Count VIII is GRANTED.
2. On or before January 29, 2016, the parties are to apprise the Court as to whether the Court should proceed with establishing a preliminary pretrial schedule necessary for resolution of Plaintiffs sole remaining claim.
