United States Eighth Circuit

In an action against plaintiff's employer, a union, for breach of contract and breach of a collective bargaining agreement, and also against her union for breach of its duty of fair representation under Section 301 of the Labor Management Relations Act, summary judgment for defendants is reversed where: 1) a genuine issue of fact exists as to whether employer and union objectively manifested an intent to be bound by an Addenda on the date of plaintiff's discharge; and 2) a genuine issue of fact exists as to the Addenda's validity on the date of plaintiff's discharge.

Appellate Information

• Decided 01/25/2008
• Published 01/25/2008

Judges

• DOTY, District Judge., Before WOLLMAN and BENTON, Circuit Judges, and DOTY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Charles M. Kester, Fayetteville, AR, for appellant.


• For Appellees:
  
• Melva Harmon, argued, Little Rock, AR, Joe E. White, Jr., Oklahoma City, OK, for appellees.