George Sear v. Cadillac Automobile Company of Boston

BREYER, Circuit Judge.

Appellants in this suit raise the question of whether a union’s failure to appeal from a grievance arbitration award unfavorable to some of its members breaches the duty of fair representation it owes those members. We hold that in this case it does not. On the facts alleged here, the district court, 501 F.Supp. 1350, properly granted appellees’ motion for summary judgment.

Appellants are a group of auto salesmen who were discharged by their employer (the Cadillac Automobile Company of Boston) after engaging in an illegal strike. They protested the discharge and, under…