Pierce v. Schwebel Baking Company – Do It For The Caselaw

Holding: The court affirmed the district court's grant of summary judgment, holding that the Union did not breach its duty of fair representation.
Standard: Arbitrary, discriminatory, or bad faith standard for duty of fair representation
Vote: Unanimous decision by a three-judge panel.
Practical effect: The decision reinforces the high deference courts give to unions in deciding whether to arbitrate grievances. It clarifies that a union's disagreement with an employee on the merits of a claim does not constitute a breach of the duty of fair representation.

The Sixth Circuit affirmed summary judgment in a hybrid labor dispute where an employee sued his employer and union. The court held that the union did not breach its duty of fair representation by declining to arbitrate the grievance.

Background

Marcus Pierce, a bread delivery driver for Schwebel Baking Company, was fired for insubordination after failing to complete a delivery due to road closures. The Union investigated the grievance but declined to arbitrate, citing the low likelihood of success. Pierce sued both the employer and the Union under Section three hundred one of the Labor Management Relations Act.

The court’s reasoning

The court reviewed the grant of summary judgment de novo. It explained that a hybrid claim requires proof of both wrongful termination and a union breach of the duty of fair representation. The duty is breached only if the union acts arbitrarily, discriminatorily, or in bad faith. The court found the Union acted reasonably by investigating the complaint, consulting an attorney, and making a reasoned decision that arbitration was unlikely to succeed. The court declined to second-guess the Union’s judgment on the merits of the grievance.

The duty of fair representation does not require that a union fully pursue every grievance filed.

Driver v. United States Postal Serv., 328 F.3d 863, 869 (6th Cir. 2003)

What it means going forward

The decision reinforces the high deference courts give to unions in deciding whether to arbitrate grievances. It clarifies that a union’s disagreement with an employee on the merits of a claim does not constitute a breach of the duty of fair representation.