United States Sixth Circuit

In a challenge to the validity of a maintenance rate that was applicable to ill crew members and was one of the terms of a collective bargaining agreement (CBA) between plaintiff's union and his employer, summary judgment for plaintiff is reversed and remanded where, despite a difference between a maintenance rate of $56.00 per week for ill crew members and a rate of $300.00 per week for injured crew members, applicable precedent required the court to give binding effect to the maintenance rate at issue because plaintiff did not rebut the presumption of negotiation as he failed to show that: 1) the CBA was not a legitimately negotiated agreement; 2) his interests were not adequately represented in the negotiation process, or 3) the agreement as a whole was unfair.

Appellate Information

• Decided 10/12/2007
• Published 10/12/2007

Judges

• Before:  CLAY, GILMAN, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas W. Emery, Garan Lucow Miller, Detroit, Michigan, for Appellant.  Dennis M. O'Bryan, O'Bryan Baun CohenKuebler Karamanian, Birmingham, Michigan, for Appellee.   ON BRIEF:  Thomas W. Emery, Caryn A. Gordon, Garan Lucow Miller, Detroit, Michigan, for Appellant.  Dennis M. O'Bryan, O'Bryan Baun CohenKuebler Karamanian, Birmingham, Michigan, for Appellee.