· 7/5/1946
Arney v. Central Electric & Gas Co.
Citations
- 66 F. Supp. 401
- 1946 U.S. Dist. LEXIS 2539
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding unintentional conduct that is egregious, or recklessly disregards employee's rights and severely prejudices employee, is arbitrary breach of duty of fair representation
- remanding for district court to consider claim that union acts satisfied test for arbitrary breach of duty of fair representation
- explaining that “[a]cts of omission by union officials . . . may be so egregious . . . as to be arbitrary” and vacating summary judgment because union “fail[ed] to disclose to appellant that her grievance would not be submitted to arbitration”
- obligation to give appellant information that was \important if not critical\ to her decision whether to accept employer's offer to settle grievance
- failure to inform plaintiff of all relevant factors in considering whether to accept an employer's offer of settlement is breach
- “trier of fact could reasonably find that the Union’s failure to disclose to appellant that her grievance would not be submitted to arbitration” was arbitrary
Source: CourtListener parenthetical corpus (CC0).
Judges: Nordbye
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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