SPARKS v. INTERNATIONAL UNION, UAW

Nos. 90-3919, 90-3966.

980 F.2d 394 (1992)

David J. SPARKS, Plaintiff-Appellant, v. INTERNATIONAL UNION, UNITED AUTOMOBILE AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, Defendant-Appellee/Cross-Appellee, Staff Council of International Representatives, U.A.W., Defendant/Third-Party Plaintiff-Appellee/Cross-Appellant, Roy Goforth, Third-Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 24, 1992.


Attorney(s) appearing for the Case

Steven B. Potter (briefed), Dinn, Hochman, King & Melamed, Mayfield Heights, Ohio, Harold Dunne (argued and briefed), Livonia, Mich., for David J. Sparks.

Betty Grdina (argued and briefed), Bobulsky & Grdina, Ashtabula, Ohio, Leonard Page, Jordan Rossen, Associate General Counsel, Intern. Union, UAW, Detroit, Mich., for Intern. Union, United Auto. Aerospace & Agricultural Implement Workers of America.

Alan G. Ross, Evelyn P. Schonberg (briefed), Ross, Brittain & Schonberg, Cleveland, Ohio, for Staff Council of Intern. Representatives, U.A.W.

David Roloff (argued and briefed), Gaines & Stern, Cleveland, Ohio, for Roy Goforth.

Before: RYAN and NORRIS, Circuit Judges; and BELL, District Judge.


ALAN E. NORRIS, Circuit Judge.

An employee and his union appeal a summary judgment which denied their request to vacate an arbitration award and dismissed the employee's "hybrid" action claiming wrongful discharge by his employer, in violation of the collective bargaining agreement and breach of the duty of fair representation by his union, initiated pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C...

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