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KAISER v. LOCAL NO. 83

No. 75-3531.

577 F.2d 642 (1978)

Arthur KAISER, Jr., Plaintiff-Appellant, v. LOCAL NO. 83, affiliate of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, an unincorporated association, and United-Metro, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 30, 1978.

Attorney(s) appearing for the Case

Gerald W. Alston, Phoenix, Ariz., for plaintiff-appellant.

Joe W. Contreras, of Ward & Contreras, Ltd., Phoenix, Ariz., for defendants-appellees.

Before CHAMBERS and HUG, Circuit Judges, and FERGUSON, District Judge.

PER CURIAM:

The issue on appeal is whether the employer is an indispensable party in an action against a labor union for breach of its duty to fairly represent a union member in processing a grievance against the employer. We hold that it is not.

Plaintiff filed an action in the Superior Court, Maricopa County, Arizona against the defendant union alleging:

1. On November 28, 1972, he was a member in good standing of the union.

2. That on that...

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