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HOFF v. AMAL. TRANSIT UN., DIV. 662

No. 85CA0147.

758 P.2d 674 (1987)

Jerry HOFF, Plaintiff-Appellee and Cross-Appellant, v. AMALGAMATED TRANSIT UNION, DIVISION 662, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 3, 1987.

Certiorari Denied January 11, 1988.

Attorney(s) appearing for the Case

James M. Croshal, Pueblo, for plaintiff-appellee and cross-appellant.

C. Dennis Maes, Pueblo, Hornbein, MacDonald, Fattor & Buckley, P.C., Philip Hornbein, Jr., Denver, Benetta Mansfield, Washington, D.C., for defendant-appellant and cross-appellee.

CRISWELL, Judge.

Both plaintiff (the employee) and defendant, Amalgamated Transit Union, Division 662 (ATU), appeal from the judgment of the district court awarding the employee $18,000 in damages for ATU's violation of its duty of fair representation. Because we conclude that there is insufficient evidence in the record to support the damage award, we reverse.

The employee was employed as a driver by the Pueblo Transportation Company (employer), a bus company...

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