Johnny L. Banks v. Bethlehem Steel Corporation, a Corporation Seattle Steel, Inc., a Corporation United Steelworkers of America, a Labor Organization

HUG, Circuit Judge:

This case arises out of the controversy surrounding Bethlehem Steel’s dismissal of Johnny Banks (“Banks”) for fighting. Banks claims that his union, United Steelworkers of America (“the Union” or “the International”), breached its duty of fair representation by failing adequately to pursue his grievance. Banks further alleges that his discharge by Bethlehem was racially motivated. The district court granted the Union’s motion for summary judgment on the fair representation claim. After a full bench trial, a magistrate likewise dismissed all claims based on allegations of…