JOHNSON v. UNITED STATES POSTAL SERVICE

No. 84-3927.

756 F.2d 1461 (1985)

Kenneth A. JOHNSON, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE and National Rural Letter Carriers Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 5, 1985.

As Amended May 3, 1985.


Attorney(s) appearing for the Case

John A. Bardelli, Spokane, Wash., for plaintiff-appellant.

John E. Lamp, Earl Hicks, Spokane, Wash., Edward F. Ward, Jr., Lori Joan Dym, Washington, D.C., for defendants-appellees.

Before WRIGHT, KENNEDY, and ANDERSON, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Kenneth A. Johnson was discharged from the U.S. Postal Service following his conviction for third-degree theft arising from off-duty conduct. Johnson and his wife sued the Postal Service and his union for reinstatement, damages and backpay. The plaintiffs alleged breach of the collective bargaining agreement by the Postal Service and violation of the union's duty of fair representation. Following presentation of the plaintiff's case...

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