CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL NO. 391 v. TERRY

No. 88-1719.

494 U.S. 558 (1990)

CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL NO. 391 v. TERRY ET AL.

Supreme Court of United States.

Decided March 20, 1990


Attorney(s) appearing for the Case

J. David James argued the cause for petitioner. With him on the briefs were Walter Kamiat and Laurence Gold.

Robert M. Elliot argued the cause for respondents. With him on the brief was David C. Pishko.*


JUSTICE MARSHALL delivered the opinion of the Court, except as to Part III-A.

This case presents the question whether an employee who seeks relief in the form of backpay for a union's alleged breach of its duty of fair representation has a right to trial by jury. We hold that the Seventh Amendment entitles such a plaintiff to a jury trial.

I

McLean Trucking Company and the Chauffeurs, Teamsters and Helpers...

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