CARMENA v. INTERN. UNION, OF OP. ENG., LOCAL 406

No. 77-3005 Summary Calendar.

572 F.2d 1031 (1978)

Jerry Lee CARMENA, Plaintiff-Appellant, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 406 and Barnard and Burk, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 8, 1978.


Attorney(s) appearing for the Case

Lawrence R. Anderson, Jr., Baton Rouge, La., for plaintiff-appellant.

William R. D'Armond, Baton Rouge, La., for Barnard & Burk, Inc.

Jerry L. Gardner, Jr., New Orleans, La., for International Union.

Before BROWN, Chief Judge, COLEMAN and VANCE, Circuit Judges.


PER CURIAM:

Plaintiff Jerry Lee Carmena sued his former employer, Barnard & Burk, Inc., and his union, Local 406, in federal district court, alleging that his discharge by the company violated the collective bargaining agreement, that both the company and the union illegally refused to process his grievance, and that the union thereby breached its duty of fair representation. The parties agreed that the case would be tried by a United States magistrate who, according...

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