United States Court of Appeals For the Seventh Circuit
Labor — bad faith
The NLRB reasonably found that a union failed to provide employment information to a member in retaliation for unsuccessfully seeking a leadership position in the union.
“Concerning Local 200’s argument that there is ‘no evidence that [it] had a discriminatory intent to forbid criteria dissemination,’ the union once again misstates the intent requirement needed to find a breach of the duty of fair representation. We refer back to our White Line analysis evaluating whether the union’s failure to refer Buban for employment can be classified as arbitrary, discriminatory, or in bad faith; the same basic analysis also supports the Board’s finding that the union’s failure to provide Buban with his requested information.”
“We also note that whether the union’s failure to respond to Buban’s information request is attributable to an improper motive is a question best answered by the ALJ, who is well-situated to determine witness credibility. NLRB v. Overnite Transp. Co., 938 F.2d 815, 819 (7th Cir.1991). Here, the ALJ deemed Gurich’s claim that Buban had never asked him or, to his knowledge, any other union official for information concerning the referral-list to be not ‘very convincing’ and ‘not credible.’ Thus, we affirm the Board’s holding that Local 200 violated the NLRA by failing to provide Buban with the information concerning the union’s job-referral process that Buban requested.”
Petition for Review of an Order of the National Labor Relations Board, Tinder, J.