United States Eleventh Circuit

A jury verdict for plaintiff-employee on a claim under Taft-Hartley Act for an employer's breach of a collective bargaining agreement is vacated where the evidence at trial was insufficient to support a jury finding that a union had breached its duty of fair representation because plaintiff waived his objection of bad faith or bias by failing to raise it before his grievance panel.

Appellate Information

• Decided 03/09/2006
• Published 03/09/2006

Judges

• PER CURIAM:, Before HULL, MARCUS and HILL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• D. Marcus Braswell, Jr., Sugarman and Susskind, P.A., Coral Gables, FL, Todd A. Dawson and Earl M. Leiken, Baker & Hostetler LLP, Cleveland, OH, Howard S. Susskind, Sugarman & Susskind, Miami, FL, for Defendant1Appellant and Defendant., Susan L. Dolin, Rothstein, Rosenfeldt, Dolin & Pancier, Ft. Lauderdale, FL, for Plaintiff-Appellee.