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BREININGER v. SHEET METAL WORKERS

No. 88-124.

493 U.S. 67 (1989)

BREININGER v. SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL UNION NO. 6

Supreme Court of United States.

Decided December 5, 1989

Attorney(s) appearing for the Case

Francis J. Landry argued the cause and filed briefs for petitioner.

Deputy Solicitor General Shapiro argued the cause for the United States as amicus curiae in support of petitioner. With him on the brief were Acting Solicitor General Bryson, Stephen L. Nightingale, Joseph E. DeSio, Robert E. Allen, Norton J. Come, Linda Sher, Jerry G. Thorn, Allen H. Feldman, Steven J. Mandel, and Anne P. Fugett.

Laurence Gold argued the cause for respondent. With him on the brief were Jeffrey I. Julius and Marsha Berzon.*

JUSTICE BRENNAN delivered the opinion of the Court.

This case presents two questions under the federal labor laws: first, whether the National Labor Relations Board (NLRB or Board) has exclusive jurisdiction over a union member's claims that his union both breached its duty of fair representation and violated the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 73 Stat. 519, 29 U. S. C. § 401 et seq. (1982 ed.), by discriminating against...

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