Bowerman v. Int'l Union, Auto., Aerospace & Agric.Implement Workers of Am., No. 10-3500 (6th Cir. 2011)
Annotate this CaseWorkers claimed that unions breached their duty of fair representation by favoring certain skilled workers--millwrights and electricians--over machine repairmen. The district court dismissed for failure to exhaust administrative remedies and, on remand, dismissed again, finding some claims barred by the statute of limitations. The Sixth Circuit affirmed. Decisions and layoffs made before February 26, 2002, were discrete and potentially actionable events, not part of a continuing violation, and are barred by the statute of limitations. Because the union was not operating a hiring hall it was not subject to a higher duty of fair representation. Plaintiffs failed to show that union decisions concerning training and lines of demarcation were irrational or made in bad faith.
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