BENNETT v. LOCAL UNION NO. 66

Nos. 91-1022, 91-1171 and 91-1179.

958 F.2d 1429 (1992)

Cherie BENNETT, Plaintiff-Appellee, v. LOCAL UNION NO. 66, GLASS, MOLDERS, POTTERY, PLASTICS AND ALLIED WORKERS INTERNATIONAL UNION, AFL-CIO, CLC, and Owens-Brockway Corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 25, 1992.


Attorney(s) appearing for the Case

Augustus H. Tabor, William J. Tabor (argued), Terre Haute, Ind., for Cherie Bennett.

Barry M. Bennett, Asher, Gittler, Greenfield, Cohen & D'Alba, Chicago, Ill., Jerry Ulrich, New Albany, Ind., Carl S. Yaller (argued), Glass, Molders, Pottery, Plastics & Allied Workers, Media, Pa., for Glass, Molders, Pottery, Plastics and Allied Workers Intern. Union, AFL-CIO, CLC, Local Union No. 66.

Michael Rosiello, Douglas J. Heckler (argued), Barnes & Thornburg, Indianapolis, Ind., for Owens-Brockway Corp.

Before CUDAHY and RIPPLE, Circuit Judges, and ENGEL, Senior Circuit Judge.


CUDAHY, Circuit Judge.

This appeal involves a hybrid breach of contract/duty of fair representation action brought under section 301 of the Labor Management Relations Act. Cherie Bennett was an employee of Owens-Brockway Corporation. Upon completion of her 30-day probationary period she was given her union card and welcomed into the union by the union president, who also told her that there would be no extension of the probationary term. Several days later union representatives...

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