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NORTHERN CALIFORNIA RECORD

Friday, May 31, 2024

Captain files lawsuit against San Francisco Bar Pilots alleging retaliation and wrongful termination

Lawsuits
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Attorneys Sharon Ongerth Rossi of Rogers Joseph O'Donnell | Rogers Joseph O'Donnell

SAN FRANCISCO –  A mariner has filed a lawsuit against the San Francisco Bar Pilots and the San Francisco Bar Pilots Benevolent and Protective Association, claiming that he was wrongfully terminated in retaliation for questioning the organization's financial practices and safety issues.

Plaintiff Ronald Greger filed the lawsuit in San Francisco County Superior Court against San Francisco Bar Pilots, the San Francisco Bar Pilots Benevolent and Protective Association, and several unnamed defendants, citing writ of mandamus, retaliation, and wrongful termination in violation of public policy.

According to court documents, Greger, purportedly a master mariner licensed by the California Board of Pilot Commissioners, had been a member of the San Francisco Bar Pilots (SFBP) and the San Francisco Bar Pilots Benevolent and Protective Association until his expulsion on May 10, 2023.

According to the complaint, the defendants cited "willful misconduct which materially and adversely affects the well-being and business of the Association” as their reason for expelling Greger. Other accusations against him included violation of sick leave rules, failure to carry out pilotage duties during a storm, violation of harassment policies, and suspicion of recording and distributing a confidential meeting.

In response, Greger claims that his expulsion was actually retaliation for raising concerns about the financial practices of the SFBP/B&P, gate-keeping of pilot trainees, the right to cancel vessel sailings due to unsafe weather, and complaints to the Board about the Port Agent's refusal to dispatch him after being declared fit for duty. He states that, as an SFBP pilot, these duties are protected under the association's rules.

The lawsuit asserts Greger's actions were justified based on the relevant codes. For example, he claims his decision not to pilot a craft during dangerous weather conditions was in line with the California Harbors & Navigations Code. Similarly, he asserts his leave of absence, supported by medical reasons, was a result of stress and sleep deprivation due to alleged harassment. Despite being declared fit for duty, the port agent refused to dispatch him without access to unrelated medical information.

Greger claims that his expulsion was not done in good faith and was not in a fair and reasonable manner as prescribed by California law. He alleges instead that his expulsion was an act of retaliation for engaging in activities protected by the California Labor Code, and that his termination was wrongful and violated public policy. Additionally, Greger accuses the defendants of misclassifying him as an independent contractor and acting as his joint employers under the California Labor Code.

Greger is requesting a jury trial, where he will seek an injunction against the defendants, as well as unspecified compensatory damages, punitive damages, statutory penalties, and attorney fees. 

He is represented in this case by attorneys Sharon Ongerth Rossi and Lauren Kramer Sujeeth, of the firm of Rogers Joseph O'Donnell, of San Francisco.

San Francisco County Superior Court case number CGC-23-609790

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