Richard Smith v. Local 7898, United Steelworkers of America, an Unincorporated Association, and Georgetown Steel Corporation

HAYNSWORTH, Senior Circuit Judge:

This is one of those hybrid actions in which a union member sues his union for alleged breach of its duty of fair representation and his employer for alleged violation of the collective bargaining agreement. A jury awarded the plaintiff damages against both defendants, and awarded him his attorney’s fees against the union.

Upon the union’s appeal, we reverse the judgment of the district court against the union, and remand for a new trial.

I

Georgetown Steel Corporation operates a steel manufacturing plant in Georgetown, South Carolina. Under a collective…