Labor — fair representation

By: WISCONSIN LAW JOURNAL STAFF//May 5, 2014//

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U.S. Court of Appeals for the 7th Circuit

Civil

Labor — fair representation

An employee cannot bring suit against her union alleging breach of the duty of fair representation, seeking reinstatement.

“On appeal Lomanto challenges the district court’s conclusion that none of her requested relief is available to her. First, Lomanto argues that the union could convince the Postal Service to reinstate her. But, as the district court noted, the union itself cannot reinstate Lomanto and the court could not order the Postal Service to give her back her bid job because the Postal Service is not a party to the suit. Indeed, ‘relief against the Union in a civil action could never produce reinstatement.’ Baldini v. Local Union No. 1095, 581 F.2d 145, 149 (7th Cir. 1978).”

Affirmed.

12-1384 Zepperi-Lomanto v. American Postal Workers Union

Appeal from the United States District Court for the Northern District of Illinois, Bucklo, J., Rovner, J.

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