Gosper v. Fancher

Judgment unanimously modified, on the law, to reverse the award of damages and a new trial granted on that issue and otherwise judgment affirmed, without costs. Memorandum: In 1965 plaintiff, a fireman employed by the Erie Lackawanna Railroad Company, was discharged on two grounds. He initiated grievance procedures through defendant union which acted in bad faith and violated its duty of fair representation by handling plaintiff’s grievance in a perfunctory manner (Vaca v Sipes, 386 US 171; Scott v Anchor Motor Freight, 496 F2d 276, cert den 419 US 868). He then brought this action for…