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MUIR v. COUNCIL 2 WASH. STATE COUNCIL

No. 62380-0-I.

225 P.3d 1024 (2009)

Doyle MUIR, Respondent, v. COUNCIL 2 WASHINGTON STATE COUNCIL OF COUNTY & CITY EMPLOYEES and Local 1849, AFSCME, AFL-CIO, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered February 4, 2010.

Attorney(s) appearing for the Case

Richard J. Hughes, Attorney at Law, Mount Vernon, WA, for Respondent.

Jon Howard Rosen, The Rosen Law Firm, Seattle, WA, for Appellant.

ELLINGTON, J.

¶ 1 Doyle Muir sued his union alleging breach of the duty of fair representation. Although the undisputed evidence established that the union's decision not to take his wage grievance to arbitration was not arbitrary, discriminatory, or in bad faith, the superior court denied its motion for summary judgment. We reverse.

BACKGROUND

¶ 2 Doyle Muir worked for San Juan County as a road maintenance supervisor. In August...

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