Frank Keppard v. International Harvester Co. And International Union, United Automobile-Aerospace-Agricultural Implement Workers of America

GOODWIN, Circuit Judge:

A union member appeals a summary judgment denying relief in his action against his union for failure to represent him and against his employer for back pay. Frank Keppard is an employee of International Harvester and a member of the United Automobile Workers. In 1966 he was injured on the job and became unable to work. He sought to return to work in 1971, but International refused to take him back. He thereupon filed a grievance with the union. The grievance went to binding medical arbitration, resulting in an award in his favor. He returned to work.

Keppard next asked…