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· 11/1/2007

Beck v. United Food and Commercial Workers Union

Citations

  • 506 F.3d 874
  • 182 L.R.R.M. (BNA) 3192
  • 2007 U.S. App. LEXIS 25505
  • 90 Empl. Prac. Dec. (CCH) 43,005
  • 101 Fair Empl. Prac. Cas. (BNA) 1589

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • affirming district court’s conclusion that employer “had violated the collective 9 bargaining agreement in terminating Beck without just cause”
  • discussing requirements for a breach of duty of fair representation claim by a union member
  • “We 28 agree with our sister circuits that whether two employees are similarly situated is ordinarily 1 a question of fact.”
  • district court erred by mechanically imposing 21 a strict “same supervisor” requirement; “whether two employees are similarly situated is ordinarily a 22 question of fact”
  • union’s failure to file a timely 11 grievance, after agreeing to do so, was arbitrary
  • “[C]ourts have consistently refused to accept unions’ claims that their actions involved any judgment or strategy where the union simply failed to perform some procedural act.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hall, O'Scannlain, Ikuta

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.