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SARNELLI v. AMALGAMATED MEAT CUTTERS, ETC., LOC. U. # 33

No. 71-1384.

457 F.2d 807 (1972)

Nicholas SARNELLI, Plaintiff, Appellant, v. AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFL-CIO LOCAL UNION #33 et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 24, 1972.

Attorney(s) appearing for the Case

David Burres, Springfield, Mass., for appellant.

Arthur J. Flamm, Boston, Mass., with whom Flamm, Mason & Paven, Boston, Mass., was on brief, for Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, Local Union #33, appellee.

Alvin M. Glazerman, Boston, Mass., with whom Snyder, Tepper & Berlin, Boston, Mass., was on brief, for Stop & Shop, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM.

Determination of the defendant union's liability vel non for refusing to arbitrate plaintiff's discharge must depend upon the extent of the obligation imposed upon a collective bargaining agent. See Humphrey v. Moore, 1964, 375 U.S. 335, 342, 84 S.Ct. 363, 11 L.Ed. 2d 370. If the union has a duty to represent a member up to the point that it could show it was unreasonable, viewed simply from his standpoint...

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