FINDLEY v. JONES MOTOR FREIGHT, ETC.

Nos. 80-1486, 80-1487 and 80-1705.

639 F.2d 953 (1981)

Michael J. FINDLEY v. JONES MOTOR FREIGHT, DIVISION ALLEGHENY CORPORATION, and Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 429, Jones Motor Freight, etc., Appellant in 80-1486, Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union No. 429, Appellant in 80-1487, Michael J. Findley, Appellee in 80-1486, 80-1487 Appellant in 80-1705.

United States Court of Appeals, Third Circuit.

Decided January 21, 1981.


Attorney(s) appearing for the Case

James A. Matthews, Jr. (argued), Dennis J. Morikawa, Morgan, Lewis & Bockius, Philadelphia, Pa., for Jones Motor Freight.

Thomas W. Jennings (argued), Sagot & Jennings, Philadelphia, Pa., for Teamsters, Chauffeurs, Warehousemen and Helpers of America Local Union No. 429.

George W. Gekas (argued), Milton Bernstein, Melman, Gekas, Nicholas & Lieberman, Harrisburg, Pa., for Michael J. Findley.

Before HUNTER and WEIS, Circuit Judges and CAHN, District Judge.


OPINION OF THE COURT

WEIS, Circuit Judge.

A union must provide its members with fair representation in resolving differences with employers. Alleging a violation of that duty, the plaintiff, unsuccessful in grievance proceedings, convinced a jury both of the deficiency of his union representation and the merits of his dispute with his employer. After review of the record, we conclude that the evidence failed to establish that the union breached its duty...

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