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BANKS v. BETHLEHEM STEEL CORP.

No. 87-4028.

870 F.2d 1438 (1989)

Johnny L. BANKS, Plaintiff-Appellant, v. BETHLEHEM STEEL CORPORATION, a corporation; Seattle Steel, Inc., a corporation; United Steelworkers of America, a labor organization, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 20, 1989.

Attorney(s) appearing for the Case

Abraham A. Arditi, Seattle, Wash., for plaintiff-appellant.

James R. Dickens and Cathy L. Parker, Karr, Tuttle, Koch, Campbell, Mawer, Morrow & Sax, P.S., Seattle, Wash., and Richard Brean, for defendants-appellees.

Before WRIGHT, WALLACE and HUG, Circuit Judges.

HUG, Circuit Judge:

This case arises out of the controversy surrounding Bethlehem Steel's dismissal of Johnny Banks ("Banks") for fighting. Banks claims that his union, United Steelworkers of America ("the Union" or "the International"), breached its duty of fair representation by failing adequately to pursue his grievance. Banks further alleges that his discharge by Bethlehem was racially motivated. The district court granted the Union's motion for summary judgment...

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