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JOHNSON v. GENERAL DRIVERS, WAREHOUSE. & H., LOC. U. NO. 89

Nos. 73-1245, 73-1246.

488 F.2d 250 (1973)

Charles E. JOHNSON, Plaintiff-Appellee, v. GENERAL DRIVERS, WAREHOUSEMEN AND HELPERS, LOCAL UNION NO. 89, Defendant-Appellant. Charles E. JOHNSON, Plaintiff-Cross-Appellant, v. GENERAL DRIVERS, WAREHOUSE-MEN AND HELPERS, LOCAL UNION NO. 89, Defendant-Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 30, 1973.

Attorney(s) appearing for the Case

Ralph H. Logan, Louisville, Ky., for defendant-appellant; Hardy, Logan & Hastings, Louisville, Ky., on brief.

James R. Voyles, Louisville, Ky., for plaintiff-appellee; S. Arnold Lynch, Sales, Lynch & Fowler, Louisville, Ky., on brief.

Before PHILLIPS, Chief Judge, and McCREE and MILLER, Circuit Judges.

PHILLIPS, Chief Judge.

This is an action against a labor union for alleged violation of its duty of fair representation of a member in processing a grievance against his employer. Jurisdiction is based on § 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a) et seq.

Charles E. Johnson was discharged for participating in a wildcat strike in violation of the no-strike clause contained in the collective bargaining agreement between his...

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