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SCHULTZ v. OWENS-ILLINOIS INC.

No. 81-1104.

696 F.2d 505 (1982)

John SCHULTZ, et al., Plaintiffs-Appellants, v. OWENS-ILLINOIS INCORPORATED and District No. 9, International Association of Machinists and Aerospace Workers, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 22, 1982.

Attorney(s) appearing for the Case

Frank E. Wallemann, St. Louis, Mo., for plaintiffs-appellants.

R. Jeffrey Bixler, Owens-Illinois, Inc., Toledo, Ohio, C.E. Heiligenstein, Belleville, Ill., for defendants-appellees.

Before CUDAHY and COFFEY, Circuit Judges, and GRANT, Senior District Judge.

CUDAHY, Circuit Judge.

In a prior appeal, this court held that plaintiffs could state a claim for relief under section 301(a) of the Labor-Management Relations Act of 1947 (the "LMRA"), 29 U.S.C. § 185(a) (1976), for an alleged breach of the duty of fair representation by plaintiffs' union, District No. 9 of the Machinists' International Union (the "Union").1 We also found that there was such a potential claim under section 301(a...

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