Ted Pratt v. United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1435

NATHANIEL R. JONES, Circuit Judge.

Plaintiff-appellant Ted Pratt appeals the district court’s grant of summary judgment for the defendant-appellee United Automobile, Aerospace and Agricultural Workers of America, Local 1435 (“the Union”) in this action for breach of the Union’s duty of fair representation in relation to the termination of Pratt’s employment. For the reasons that follow, we reverse and remand for further proceedings.

I

Pratt filed his complaint on February 15, 1989. In his complaint he alleged jurisdiction based upon Section 301 of the Labor Management Relations Act, 29 U.S.C. §…