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NEIDER v. J. G. VAN HOLTEN & SON, INC.

No. 44.

41 Wis.2d 602 (1969)

165 N.W.2d 113

NEIDER, Appellant, v. J. G. VAN HOLTEN & SON, INC., and others, Respondents.

Supreme Court of Wisconsin.

Decided March 4, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by James L. Greenwald of Madison.

For the respondent J. G. Van Holten & Son, Inc., there was a brief by Immell, Herro, Buehner, DeWitt & Sundby of Madison, and oral argument by Jack DeWitt.

For the respondents Local 695, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, and David Gourlie there was a brief by Goldberg, Previant & Uelmen of Milwaukee, and oral argument by Richard M. Goldberg.

HALLOWS, C. J.

On this appeal Neider does not seem to question these findings of the trial court but rather ignores them in his claim that the Union had a duty to represent him and he should be reinstated even though his application was not timely made.

We observe at the outset this suit for wrongful discharge is properly brought in the state court since it is permitted under sec. 301 (a) of the Labor Management Relations Act of 1947 (Taft-Hartley Act), 61...

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