United States Sixth Circuit

In an action against a union and a former employer alleging breach of the duty of fair representation and termination without cause in violation of the union's collective bargaining agreement, summary judgment in favor of defendants is affirmed where: 1) plaintiff's claims against the union failed as there was no evidence that the local union "arbitrarily ignore[d]" or handled plaintiff's grievance in "perfunctory fashion," and the same was true of the national union; and 2) his arguments as to the wrongfulness of his termination failed since he couldn't show a breach of the union's duty of fair representation.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

• BOYCE F. MARTIN, JR., Circuit Judge., Before MARTIN, NORRIS, and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mark S. Demorest, Law Offices of Mark S. Demorest, Dearborn, Michigan, for Appellant.  Richard J. Seryak, Miller, Canfield, Paddock & Stone, Detroit, Michigan, Ellen F. Moss, Klimist, McKnight, Sale, McClow & Canzano, Southfield, Michigan, for Appellees.   ON BRIEF:  Mark S. Demorest, Law Offices of Mark S. Demorest, Dearborn, Michigan, for Appellant.  Richard J. Seryak, Charles T. Oxender, Miller, Canfield, Paddock & Stone, Detroit, Michigan, Ellen F. Moss, Klimist, McKnight, Sale, McClow & Canzano, Southfield, Michigan, for Appellees.