Nicely v. USX

OPINION AND ORDER

SIMMONS, District Judge.

Four years ago, Judge Mencer made clear to Plaintiff that fair representation claims are not triable to a jury when he struck Plaintiffs jury demand in Nicely v. U.S. Steel Corporation, et al. (C.A. No. 83-2750). Undeterred, Plaintiff has again pleaded in the instant action that he is entitled to a jury trial of his fair representation claims. He was wrong four years ago; he is wrong today.

In his Complaint, Plaintiff alleges that USX Corporation breached the collective bargaining agreement between itself and the United Steelworkers of America when it…