Nicholas Sarnelli v. Amalgamated Meat Cutters and Butcher Workmen of North America, Afl-Cio Local Union 33

First Circuit

Nicholas Sarnelli v. Amalgamated Meat Cutters and Butcher Workmen of North America, Afl-Cio Local Union 33

457 F.2d 807, 79 L.R.R.M. (BNA) 3088, 1972 U.S. App. LEXIS 10508

CourtCourt of Appeals for the First Circuit

DecidedMarch 24, 1972

Docket71-1384

StatusPublished

Cited by7 cases

This text of 457 F.2d 807 (Nicholas Sarnelli v. Amalgamated Meat Cutters and Butcher Workmen of North America, Afl-Cio Local Union 33) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nicholas Sarnelli v. Amalgamated Meat Cutters and Butcher Workmen of North America, Afl-Cio Local Union 33, 457 F.2d 807, 79 L.R.R.M. (BNA) 3088, 1972 U.S. App. LEXIS 10508 (1st Cir. 1972).

Pincite

Opinion

PER CURIAM.

Determination of the defendant union’s liability vel non for refusing to arbitrate plaintiff’s discharge must depend upon the extent of the obligation imposed upon a collective bargaining agent. See Humphrey v. Moore, 1964, 375 U.S. 335, 342, 84 S.Ct. 363, 11 L.Ed. 2d 370. If the union has a duty to represent a member up to the point that it could show it was unreasonable, viewed simply from his standpoint, to go further, as plaintiff seemingly contends, liability might possibly be found here. This is not, however, the proper test. The only burden upon a union is to act fairly and in good faith, something considerably less than a duty of support measured solely with reference to the member. Vaca v. Sipes, 1967, 386 U.S. 171, 190-193, 87 S.Ct. 903, 17 L.Ed.2d 842; De Arroyo v. Sindicato de Trabajadores Packinghouse, AFL-CIO, 1 Cir., 1970, 425 F.2d 281, cert. denied sub nom. Puerto Rico Tel. Co. v. Figueroa de Arroyo, 400 U.S. 877, 91 S.Ct. 117, 27 L.Ed.2d 114; Bazarte v. *808 United Transp. Union, 3 Cir., 1970, 429 F.2d 868, 872. While the processing of a meritorious grievance in a perfunctory fashion may be a violation of the duty of fair representation, Vaca v. Sipes, ante 386 at 191, 87 S.Ct. 903, the court found, on the evidence, that the union’s actions were adequate and reasonable. The court, 333 F.Supp. 228, applied the proper standard. We see no error.

Affirmed.

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PER CURIAM.

Determination of the defendant union’s liability vel non for refusing to arbitrate plaintiff’s discharge must depend upon the extent of the obligation imposed upon a collective bargaining agent. See Humphrey v. Moore, 1964, 375 U.S. 335, 342, 84 S.Ct. 363, 11 L.Ed. 2d 370. If the union has a duty to represent a member up to the point that it could show it was unreasonable, viewed simply from his standpoint, to go further, as plaintiff seemingly contends, liability might possibly be found here. This is not, however, the proper test. The only burden upon a union is to act fairly and in good faith, something considerably less than a duty of support measured solely with reference to the member. Vaca v. Sipes, 1967, 386 U.S. 171, 190-193, 87 S.Ct. 903, 17 L.Ed.2d 842; De Arroyo v. Sindicato de Trabajadores Packinghouse, AFL-CIO, 1 Cir., 1970, 425 F.2d 281, cert. denied sub nom. Puerto Rico Tel. Co. v. Figueroa de Arroyo, 400 U.S. 877, 91 S.Ct. 117, 27 L.Ed.2d 114; Bazarte v. *808 United Transp. Union, 3 Cir., 1970, 429 F.2d 868, 872. While the processing of a meritorious grievance in a perfunctory fashion may be a violation of the duty of fair representation, Vaca v. Sipes, ante 386 at 191, 87 S.Ct. 903, the court found, on the evidence, that the union’s actions were adequate and reasonable. The court, 333 F.Supp. 228, applied the proper standard. We see no error.

Affirmed.

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Bluebook (online)

457 F.2d 807, 79 L.R.R.M. (BNA) 3088, 1972 U.S. App. LEXIS 10508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholas-sarnelli-v-amalgamated-meat-cutters-and-butcher-workmen-of-north-ca1-1972.

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