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HELMS v. YELLOW FREIGHT SYSTEM, INC.

Civ. A. No. 88-2399-0.

721 F.Supp. 277 (1989)

Tony E. HELMS, Plaintiff, v. YELLOW FREIGHT SYSTEM, INC., et al., Defendants.

United States District Court, D. Kansas.

September 18, 1989.

Attorney(s) appearing for the Case

Fred Spigarelli, Pamela G. Kohler, Pittsburg, Kan., for plaintiff.

David B. Mandelbaum, Ronald E. Sandhaus, Overland Park, Kan., for Yellow Freight System, Inc.

Gerald R. Bloomfield, Kool, Kool, Bloomfield & Hollis, Albuquerque, N.M., Robert L. Dameron, Blake & Uhlig, P.A., Kansas City, Kan., for Chauffeurs, Teamsters and Helpers Local No. 492.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

Plaintiff brought this claim against his employer and his union alleging that (1) his employer had discharged him in violation of the collective bargaining agreement; and (2) his union had failed to fulfill its duty of fair representation in processing his discharge grievance. Such claims are colloquially referred to as "hybrid § 301/fair representation actions" based on the applicability of §...

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