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MAYNARD v. REVERE COPPER PRODUCTS, INC.

No. 83-1144.

773 F.2d 733 (1985)

James MAYNARD and Ruth Maynard, Plaintiffs-Appellants, v. REVERE COPPER PRODUCTS, INC., Defendant, United Auto Workers of America, Local 174, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 2, 1985.

Rehearing and Rehearing Denied November 14, 1985.

Attorney(s) appearing for the Case

Samuel A. Meklir (argued), Meklir, Schreier, Nolish & Friedman, Southfield, Mich., for plaintiffs-appellants.

Peter A. Caplan, Bruce A. Miller, William A. Wertheimer (argued), Miller, Cohen, Martens & Sugerman, Detroit, Mich., for defendant-appellee.

Before LIVELY, Chief Judge; CONTIE and WELLFORD, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 14, 1985.

LIVELY, Chief Judge.

The question in this case is whether a claim for damages by an employee against his union for breach of the union's duty of fair representation, based on a state civil rights law designed to protect handicapped workers from employment discrimination, is preempted by federal labor law.

I

The plaintiffs appeal from summary judgment in favor of the defendant United...

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