Bernard v. Delivery Drivers

MEMORANDUM OPINION AND ORDER

CARRIGAN, District Judge.

Defendants have moved for summary judgment contending that the plaintiff’s claims are ba,rred by 29 U.S.C. § 160(b). In making this argument, the defendants rely on the Supreme Court’s recent decision to apply § 160(b) to fair representation claims. See Del Costello v. International Brotherhood of Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983).

Plaintiff’s claims here are not fair representation claims, however, since they allege violations of his rights under 29 U.S.C. § 411. Congress has created a claim for relief in 29…