Blaser v. IUE Local 201, No. 10-2488 (1st Cir. 2011)Annotate this Case
Plaintiff brought suit under the Labor Management Relations Act, 29 U.S.C. 185, claiming that her employer violated the collective bargaining agreement when it reclassified a position for which she was hired, resulting in her subsequent removal from that position, and that the union violated its duty of fair representation in colluding with the employer to reclassify her position and in refusing to take her filed grievance to arbitration. The district court granted summary judgment to the employer and the union. The First Circuit affirmed. Plaintiff did not produce evidence that her employer breached the CBA when it reclassified her position from permanent to temporary before her actual start date and, therefore, did not establish that her termination amounted to a breach.