Linton v. United Parcel Service

Plaintiff-appellant Leonard Linton, a former employee of defendant-appellee United Parcel Service (UPS), appeals the district courts granting of summary judgment on his claim that defendant-appellee International Brotherhood of Teamsters, Local 243 ("the union"), breached its duty of fair representation. Because we hold that a triable issue of fact exists as to whether the union breached its duty of fair representation by refusing to appeal Lintons grievance over his discharge to the state grievance committee, we find that summary judgment was not appropriate and that the decision of the district court must be REVERSED.