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Civil Procedure Keyed to Cound
Teamsters Local No. 391 v. Terry
Facts
McLean Trucking Company and the Chauffeurs, Teamsters and Helpers Local Union No. 391 were parties to a collective bargaining agreement. Plaintiffs, Teamsters Local No. 391, were employees of McLean Trucking Company, they object to various employment practices used by McLean Trucking Company (Defendant) that impaired their seniority rights, alleging breach of the collective bargaining agreement. Plaintiffs filed a grievance with the union and the grievance committee. When their seniority rights were impaired again, they filed another grievance, which was refused on the ground that the relevant issues had been determined in the prior proceeding. Plaintiffs filed an action in district court alleging that McLean breached the collective bargaining agreement in violation of Section 301 of the Labor Management Relations Act, and that the Union had violated its duty of fair representation. Plaintiffs requested a permanent injunction requiring the Defendants to cease their illegal acts and to reinstate them to their proper seniority status and sought compensatory damages for lost wages and health benefits. McLean filed for bankruptcy and the action against it was dismissed. Plaintiffs request a jury trial and the Union moved to strike the jury demand on the ground that no right to a jury trial exists in a duty of fair representation suit. The United States Court of Appeals for the Fourth Circuit affirmed the trial court holding that the Seventh Amendment entitled Plaintiffs to a jury trial for their claim for monetary relief.
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