International Brotherhood of Electrical Workers v. Foust

This action arises from the failure of petitioner union properly to process respondent’s grievance alleging wrongful discharge by his employer. The question presented is whether the Railway Labor Act1 permits an employee to recover punitive damages for such a breach of a union’s duty of fair representation.

I

Respondent, a member of the International Brotherhood of Electrical Workers (IBEW), was injured in March 1970 while working for the Union Pacific Railroad Co. (Union Pacific). He received a medical leave of absence through Deceinber 22, 1970. The collective-bargaining agreement between the…