United States Second Circuit

Bargaining agreement that was silent on whether the payment amount included or excluded payroll taxes cannot, by itself, support conclusion that the union breached its duty for fair representation to its workers under Section 301 of the Labor Management Relations Act, 29 USC 185

Appellate Information

• Argued 10/04/2000
• Decided 01/10/2001
• Published 01/10/2001

Judges

• SOTOMAYOR, Circuit Judge:, Before:  KEARSE, CALABRESI, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Leonard N. Flamm (Norman Mednick, Eden M. Mauro, Jill Schwartz, Law Offices of Leonard N. Flamm, on the brief), New York, New York for Plaintiffs-Appellees-Cross-Appellants., Jedd Mendelson (Grotta, Glassman & Hoffman, P.A.) New York, New York for Defendant-Appellant-Cross-Appellee.