United States Eighth Circuit

In a dispute between union and union member over representation in an employment grievance, district court's grant of summary judgment for defendant is affirmed where: 1) defendant's decision to pursue advisory ADR was not arbitrary, discriminatory, or in bad faith; 2) defendant's agreement to limit back pay damages as part of the advisory ADR process did not breach their duty of fair representation; and 3) defendant's failure to disclose the back pay limitation to plaintiff did not amount to a breach of the duty of fair representation.

Appellate Information

• Decided 05/06/2009
• Published 05/06/2009

Judges

• RILEY, Circuit Judge., Before WOLLMAN, BYE, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas F. Hoarty, Jr., argued, Omaha, NE, for appellant.


• For Appellees:
  
• Richard Rosenblatt, argued, Greenwood Village, CO, for appellee.