Legal Opinion

Helms v. Yellow Freight System, Inc.

District Court, D. Kansas

Decided September 18, 1989No. Civ. A. 88-2399-0PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Chief Judge.

Plaintiff brought this claim against his employer and his union alleging that (1) his employer had discharged him in violation of the collective bargaining agreement; and (2) his union had failed to fulfill its duty of fair representation in processing his discharge grievance. Such claims are colloquially referred to as “hybrid § 301/fair representation actions” based on the applicability of § 301(a) of the Labor Management Relations Act, 29 U.S.C.S. § 185(a) (1982). Subsequently, both the employer and the union filed motions for summary…

2Cases cited9 opinions

  1. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  2. Shirley Metz v. Tootsie Roll Industries, Inc., and Local Union No. 1, Bakery, Confectionery and Tobacco Workers' International Union of AmericaCourt of Appeals for the Seventh Circuit · 1983
  3. Nicholas C. Richards v. Local 134, International Brotherhood of Electrical Workers and Arlington Park Race Track CorporationCourt of Appeals for the Seventh Circuit · 1986
  4. Norma Arriaga-Zayas v. International Ladies' Garment Workers' Union--Puerto Rico Council, Etc.Court of Appeals for the First Circuit · 1987
  5. Hull v. Local 414 of the International Brotherhood of TeamstersDistrict Court, N.D. Indiana · 1985

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3Cited by3 opinions

  1. McCluskey v. WomackMichigan Court of Appeals · 1991
  2. Linville v. UNITED AUTO WORKERS OF AMERICADistrict Court, S.D. West Virginia · 2006
  3. Wainscot v. International Brotherhood of TeamstersDistrict Court, W.D. Missouri · 1993

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