Wheeler v. International Woodwkrs. of Am., No. 3-12

This is an action by a union member against his union for damages for breach of its duty to give him "fair representation” in a dispute with his employer which resulted in his discharge. The case was tried before a jury, which returned a verdict of $686.80 for loss of wages. Defendant appeals from the resulting judgment.

Defendant’s primary contention is that the trial court erred in denying its motions for nonsuit and directed verdict on the grounds: (1) that jurisdiction of the court was "pre-empted” by federal law, i.e., the National Labor Relations Act, and (2) that there was no…