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FOUNTAIN v. SAFEWAY STORES, INC.

Nos. 75-2278, 75-2700.

555 F.2d 753 (1977)

Clifton FOUNTAIN, Plaintiff-Appellant, v. SAFEWAY STORES, INC., Defendant-Appellee. Clifton FOUNTAIN, Plaintiff-Cross Appellee, v. SAFEWAY STORES, INC., Defendant-Cross Appellant.

United States Court of Appeals, Ninth Circuit.

June 15, 1977.

Attorney(s) appearing for the Case

John W. Keker, argued, Kipperman, Shawn & Keker, San Francisco, Cal., for plaintiff-appellant.

Robert M. Lieber, argued, Littler, Mendelson & Fastif, Thornton C. Bunch, Jr., argued, Bunch & White, San Francisco, Cal., for defendant-appellee.

Before TRASK, SNEED and KENNEDY, Circuit Judges.

SNEED, Circuit Judge:

On April 5, 1974, appellant Clifton Fountain filed suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII) alleging that appellee Safeway Stores, Inc. (Safeway) wrongfully discharged him for failure to wear a tie during working hours and that appellee Retail Clerks Union Local 1179, AFL-CIO (Union) wrongfully refused to process his grievance stemming from this...

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