Legal Opinion
Richard James Freeman v. O'Neal Steel, Inc., Etc.
Court of Appeals for the Fifth Circuit
Decided March 3, 1980No. 77-2649PublishedCited by 42 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge.
Appellants United Steelworkers of America [union] and O’Neal Steel, Inc. [company] appeal the district court’s decision that the union breached its duty of fair representation by arbitrarily, discriminatorily and in bad faith refusing to pursue arbitration of appellee Richard James Freeman’s grievance and that the company violated its employment contract by wrongfully discharging Freeman. We find that the district court misapplied the test used to determine whether a union’s failure to complete arbitration is a breach of its duty. Accordingly, we reverse.
Freeman, a…
2Cases cited16 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- Amalgamated Ass'n of Street, Electric Railway & Motor Coach Employees of America v. LockridgeSupreme Court of the United States · 1971
- Dyer v. MacDougallCourt of Appeals for the Second Circuit · 1952
- Moore v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1951
- Moore v. Sunbeam Corp.Court of Appeals for the Seventh Circuit · 1972
11 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Martin v. Spring Break '83 Productions, L.L.C.Court of Appeals for the Fifth Circuit · 2012
- John Early v. Eastern TransferCourt of Appeals for the First Circuit · 1983
- Donald E. Howard v. Lockheed-Georgia Company, Aeronautical MacHinists Local Lodge 709 of the InternationalCourt of Appeals for the Eleventh Circuit · 1984
- Elstner v. Southwestern Bell Telephone Co.District Court, S.D. Texas · 1987
- Melvin Landry v. The Cooper/t. Smith Stevedoring Company, Inc.Court of Appeals for the Fifth Circuit · 1989
37 more not listed; retrieve them via the Exa API.