United States Sixth Circuit

In an action alleging unfair representation in a discharge grievance, verdict in favor of the plaintiff is affirmed where the district court properly found that requiring administrative exhaustion would have been futile, and there was sufficient proof that defendant acted arbitrarily in refusing to pursue plaintiff's discharge grievance.

Appellate Information

• Decided 10/24/2003
• Published 10/24/2003

Judges

• Before:  COLE, GILMAN, and BRIGHT, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• William A. Wertheimer, Jr. (argued and briefed), Bingham Farms, MI, for Appellant.


• For Appellees:
  
• Gary J. Houghton, Warren, MI, Lauren M. Tomayko (argued and briefed), Sterling Heights, Michigan, for Appellee.