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POWER v. KAISER FOUNDATION HEALTH PLAN

No. Civ.A. 99-959-A.

87 F.Supp.2d 545 (2000)

Robert M. POWER, Plaintiff, v. KAISER FOUNDATION HEALTH PLAN OF THE MID-ATLANTIC STATES INC., and Local 400, United Food and Commercial Workers International Union, AFL — CIO, CLC, Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

February 23, 2000.

Attorney(s) appearing for the Case

Robert Dolor L'Heureux, Law Offices of Robert D. L'Heureux, Alexandria, VA, for plaintiff.

Nelson David Cary, Seyfarth, Shaw, Fairweather & Geraldson, Washington, DC, Ronald Cohen, Ronald M. Cohen & Associates, Arlington, VA, for defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

In this "hybrid" case brought pursuant to § 301 of the Labor Management Relations Act, 29 U.S.C. § 185,1 plaintiff claims that his employer lacked just cause to terminate him, and that his union breached its duty of fair representation by deciding not to pursue plaintiff's claim through arbitration. In the motion at bar, the union...

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