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LEATH v. STETSON

No. 81-3125.

686 F.2d 769 (1982)

Robert F. LEATH, Plaintiff, American Federation of Government Employees, AFL-CIO; Local 1501 of AFGE; and Stan Standifer, in his capacity as National Representative of AFGE, Defendants/Third Party Plaintiffs-Appellants, v. John STETSON, Secretary of the Air Force, in his official capacity, and Ruth Prokop, Chair, Merit Systems Protection Board, in her official capacity, Third Party Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 7, 1982.

Attorney(s) appearing for the Case

Herman L. Wacker, Vance, Davies, Roberts, Reid & Anderson, Seattle, Wash., for plaintiff.

Capt. David Kerber, Dept. of the Air Force, Washington, D. C., argued, for third party defendants-appellees; Major Joseph G. Lynch, Dept. of the Air Force, Washington, D. C., on brief.

Before KENNEDY, FARRIS and NORRIS, Circuit Judges.

FARRIS, Circuit Judge:

Robert Leath, a civilian United States Air Force employee at McChord Air Force Base, Washington, filed an action in the Superior Court for Pierce County, Washington, against his union, the American Federation of Government Employees, Local 1501, charging that it breached its duty of fair representation by failing to make a timely appeal of his discharge by the Air Force for misconduct to the Civil Service Commission, which was succeeded by the...

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