Labor union prevails in ‘fair representation’ suit - New England In House
A federal judge has found that a local union acted in good faith and therefore did not breach its duty of fair representation in not pursuing arbitration on behalf of a plaintiff member who was terminated from his job for violating his employer’s anti-violence and anti-harassment workplace policies.
Plaintiff Michael P. Smith was terminated from his delivery job at United Parcel Service after mocking another employee’s disability and hitting him on the head. He filed suit against UPS, alleging that he was fired without just cause contrary to the parties’ collective bargaining agreement, as well as against his former union, Local 251 of the International Brotherhood of Teamsters, for its refusal to arbitrate his grievance.
But U.S. District Court Judge William E. Smith in Providence disagreed with the plaintiff’s contentions, granting summary judgment in favor of both defendants.
A federal judge has found that a local union acted in good faith and therefore did not breach its duty of fair representation in not pursuing arbitration on behalf of a plaintiff member who was terminated from his job for violating his employer’s anti-violence and anti-harassment workplace policies.
Plaintiff Michael P. Smith was terminated from his delivery job at United Parcel Service after mocking another employee’s disability and hitting him on the head. He filed suit against UPS, alleging that he was fired without just cause contrary to the parties’ collective bargaining agreement, as well as against his former union, Local 251 of the International Brotherhood of Teamsters, for its refusal to arbitrate his grievance.
But U.S. District Court Judge William E. Smith in Providence disagreed with the plaintiff’s contentions, granting summary judgment in favor of both defendants.