Petaja v. Mont. Pub. Employees’ Ass’n
Annotate this CaseMaggie Petaja was terminated from her position with Lewis and Clark County when she was age fifty-nine. After unsuccessfully pursuing relief on the administrative level, Petaja, a member of a collective bargaining unit represented by the Montana Public Employees’ Association (MPEA), filed a discrimination claim against the County. Petaja also filed suit against MPEA, alleging breach of the duty of fair representation. The jury returned a verdict in favor of the County on the discrimination claim and against MPEA on the breach of the duty of fair representation claim. The Supreme Court affirmed, holding (1) substantial evidence supported the jury verdict finding MPEA breached its duty of fair representation; (2) the jury verdict was not contrary to the instructions and law; and (3) the district court correctly found that it had no legal authority to award attorney fees.
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