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BOWEN v. UNITED STATES POSTAL SERVICE

No. 81-525.

459 U.S. 212 (1983)

BOWEN v. UNITED STATES POSTAL SERVICE ET AL.

Supreme Court of United States.

Decided January 11, 1983.

Attorney(s) appearing for the Case

William B. Poff argued the cause for petitioner. With him on the briefs were Baynard E. Harris and John D. Eure.

Barbara E. Etkind argued the cause for the federal respondent. With her on the briefs were Solicitor General Lee, Assistant Attorney General McGrath, Deputy Solicitor General Geller, Leonard Schaitman, Michael Jay Singer, and Stephen E. Alpern. Asher W. Schwartz argued the cause for respondent Union. With him on the brief were Darryl J. Anderson, Anton G. Hajjar, Laurence Gold, and Marsha Berzon.*

JUSTICE POWELL delivered the opinion of the Court.

The issue is whether a union may be held primarily liable for that part of a wrongfully discharged employee's damages caused by his union's breach of its duty of fair representation.

I

On February 21, 1976, following an altercation with another employee, petitioner Charles V. Bowen was suspended without pay from his position with the United States Postal Service. Bowen was a member of the American...

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