Walden v. LOCAL 71, INTERNAT'L BRO. OF TEAMSTERS, ETC., 72-1172
| Decision Date | 24 October 1972 |
| Docket Number | No. 72-1172,72-1274.,72-1172 |
| Citation | 468 F.2d 196 |
| Parties | James H. WALDEN, Appellant, v. LOCAL 71, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Appellee. James H. WALDEN, Appellant, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Don Davis, Charlotte, N. C., for Appellant in Nos. 72-1172 and 72-1274.
Hugh J. Beins, Washington, D. C. (Francis M. Fletcher, Jr., Charlotte, N. C., on brief), for appellee in No. 72-1172 and No. 72-1274.
Before SOBELOFF, Senior Circuit Judge, and WINTER and BUTZNER, Circuit Judges.
This case arises from the discharge of appellant James Walden from the employ of Associated Transport, Inc., for dishonesty for "theft of time." Walden was observed and later admitted being at an off-route motel at times when he was being paid by the hour. Subsequent to the discharge, Walden's union, Local 71 of the Teamsters, filed a grievance seeking his reinstatement, which was submitted to a joint employer-union grievance committee in accordance with the collective bargaining agreement. The committee held a hearing at which Walden was represented by Local 71's business agent. After listening to the company, the union business agent and Walden, himself, the grievance committee upheld the discharge and denied the grievance. Under the collective bargaining agreement, this decision was final and binding on both parties. General Drivers, Local Union 89 v. Riss and Co., 372 U.S. 517, 519, 83 S.Ct. 789, 9 L.Ed. 2d 918 (1963).
Walden then commenced civil actions for damages against Local 71 and the International Brotherhood of Teamsters. Walden's theory was that his union had breached its duty of fair representation toward him by not prosecuting his grievance in a conscientious and forceful manner, and that the International was also liable on the basis of its principalagent relationship with Local 71.
After Walden was accorded a full opportunity for discovery, the case was considered upon extensive depositions, affidavits and written briefs in support and in opposition to a motion for summary judgment. The District Court, finding no substantial controversy as to any material fact, granted summary judgment in favor of the defendants.
We affirm the District Court's decision. Appellant contends inter alia that a lawyer should have been...
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...by legal action), or have ignored the issue altogether after it is raised by a discharged employee, Walden v. Local 71, Int'l Brotherhood of Teamsters, 468 F.2d 196, 197 (4th Cir.1972). Only one court has discussed the issue in detail and concluded that a union has no duty to appeal an arbi......
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...choice of tactics do not rise to the level of a breach of [the] duty of fair representation.” Walden v. Local 71, International Brotherhood of Teamsters, 468 F.2d 196, 197 (4th Cir.1972). Plaintiffs complain about the way Local 175 investigated and prosecuted the merits of their grievances.......
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