Chapman v. United Auto Workers Local 1005, No. 10-3616 (6th Cir. 2012)
Annotate this CasePlaintiff, hired as a temporary hourly employee, wanted to take an additional week off after the annual plant shutdown to tour with his band. He did not speak with his assigned union representative or any member of GM management, but to his stepfather, a union committeeman, who spoke to a labor relations representative, who stated that temporary employees were not entitled to leaves of absence. His stepfather told plaintiff that he was “good to go.” Plaintiff neither requested nor receive any paperwork. When he returned, he again went through his stepfather, who was told that there were no openings. Plaintiff took no action for a year. In 2008, he was re-hired as a temporary employee. Having never filed a grievance, he filed suit alleging breach of the collective bargaining agreement against GM and breach of the duty of fair representation against UAW, 29 U.S.C. 185. The district court dismissed. The Sixth Circuit affirmed. Plaintiff's fair representation claim is interdependent with his section 301 claim; he must prevail on his fair representation claim before he may litigate the merits of his claim against GM. Plaintiff failed to undertake his obligation to exhaust internal union remedies mandated by the UAW Constitution.
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