United States Ninth Circuit

A determination that a union violated Title VII and breached its duty of fair representation in connection with the termination of one of its members is affirmed as: 1) for purposes of the Title VII claim, the district court's inference of discriminatory intent, based in part on the union's more aggressive representation of similarly situated men, was not clearly erroneous; and 2) the district court properly held that the union breached its duty of fair representation in failing to file a grievance requested by plaintiff, which was an arbitrary action that substantially injured her.

Appellate Information

• Argued 05/14/2007
• Decided 11/01/2007
• Published 11/01/2007

Judges

• IKUTA, Circuit Judge:, Before:  CYNTHIA HOLCOMB HALL, DIARMUID F. O'SCANNLAIN, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael T. Anderson, Davis, Cowell & Bowe, LLP, San Francisco, CA, for the defendant-appellant., Helen Perry Grimwood, The Grimwood Law Firm PLC, Phoenix, AZ, for the plaintiff-appellee.