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FREEMAN v. LOCAL UNION NO. 135, CHAUFFEURS, ETC.

No. 83-2500.

746 F.2d 1316 (1984)

William R. FREEMAN, Plaintiff-Appellant, v. LOCAL UNION NO. 135 CHAUFFEURS, TEAMSTERS, WAREHOUSEMEN AND HELPERS, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 26, 1984.

Attorney(s) appearing for the Case

Patrick H. Mulvany, Indianapolis, Ind., for plaintiff-appellant.

William R. Groth, Fillenwarth, Dennerline & Groth, Indianapolis, Ind., for defendant-appellee.

Before CUMMINGS, Chief Judge, and BAUER and FLAUM, Circuit Judges.

CUMMINGS, Chief Judge.

This case presents an issue of first impression in this circuit: whether a union's duty of fair representation extends to its decision not to ask a court to vacate an arbitrator's award. We conclude that in the circumstances of this case there was no such duty and, as a result, affirm the district court's dismissal of the complaint.

I.

The plaintiff, William Freeman, worked for Roadway Express ("Roadway") until he was discharged...

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