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01-1060 McLeod, et al. v. Arrow Marine Transport

By: dmc-admin//July 16, 2001//

01-1060 McLeod, et al. v. Arrow Marine Transport

By: dmc-admin//July 16, 2001//

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“The drivers argue that it is illogical to analyze whether the union breached its duty without examining the severity of AMT’s breach of the CBA against which the union ought to have been representing its members. The drivers argue that since they are required to prove both elements as part of the hybrid claim they should have been permitted to present both. Specifically, they say that ‘only when the depth of defendant’s malfeasance is understood, does the breach of the Teamsters’ duty to fairly represent their members comes into full focus.’

“As we have instructed, a claim that an employer breached a CBA will not succeed unless the employee can also demonstrate that the union violated its duty of fair representation. The drivers had to establish that the union breached its duty before the issue of whether AMT breached the CBA would be entertained. AMT submitted a motion for summary judgment arguing that there was no genuine issue of material fact as to whether or not the union breached its duty. As this was the sole issue before the district court, it was far from an abuse of discretion for it to strike the information about any AMT breach of the CBA as irrelevant to the issue then under consideration. Since the facts and allegations that the drivers sought to add to the mix were not before the union at the time relevant to this lawsuit, it would have added nothing to the drivers’ claim except clutter. And, as we have considered the drivers’ additional facts and allegations as part of our de novo review, we are all the more at ease in holding that the district court properly exercised its discretion in striking these items.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Darrah, J., Bauer, J.

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