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VENCL v. INT'L UNION OPERATING ENGINEERS, LOCAL 18

Nos. 96-3567, 96-3614.

137 F.3d 420 (1998)

Michael VENCL, Plaintiff-Appellant/Cross-Appellee, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 25, 1998.

Rehearing and Suggestion for Rehearing Denied April 9, 1998.

Attorney(s) appearing for the Case

James W. Tekavec (argued and briefed), Cleveland, OH, for Michael Vencl.

William Fadel (argued and briefed), Kathleen M. Sasala (briefed), Wuliger, Fadel & Beyer, Cleveland, OH, for International Union of Operating Engineers, Local 18.

Before: SILER, BATCHELDER, and GIBSON, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 9, 1998.

OPINION

SILER, Circuit Judge.

The plaintiff, Michael Vencl, filed a hybrid § 301 breach of contract/fair representation suit against his former employer, American High Reach, Inc. and its successor, Brambles Equipment Services, Inc. (collectively, "AHR"), and his union, the International Union of Operating Engineers, Local 18 ("Local 18"). In two prejudgment rulings, the district...

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