Frank v. Town of West Yellowstone, Montana et al

Filing 26

MEMORANDUM AND ORDER dismissing Count VIII and granting Defendant Town of West Yellowstone's Parital Motion to Dismiss 5 . On or before 1/29/16, parties are to apprise Court as to whether the Court should proceed with establishing a preliminary pretrial schedule necessary for resolution of Plaintiff's sole remaining claim. Signed by Judge Sam E Haddon on 1/13/2016. (DED, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA

FILED

BUTTE DIVISION

JAN 13 2016
Clerk, U.S. District Court
District Of Montana
Helena

AARON FRANK,
Plaintiff,

No. CV 15-26-BU-SEH

vs.

MEMORANDUM AND
ORDER

TOWN OF WEST YELLOWSTONE,
MONTANA; COLE PARKER, in his
individual and official capacity; JOHN
COSTELLO, in his individual and
official capacity; GREG FORSYTHE,
in his individual and official capacity;
and BRAD SCHMIER, in his
individual and official capacity,
Defendants.

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.

1

Doc.4.

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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
2

Doc. 5.
Docs. 22 and 23.
4
Mont. Code Ann. § 39-2-912(2).
5
lrvingv. Sch. Dist. No. I-IA, Valley Cnty., 813 P.2d 417, 422 (1991).
3

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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 Dismiss 6 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.
DATED this

/J 6

day of January, 2016

~toi~.y~
United States District Judge

6

Doc. 5.

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