Civil Procedure Keyed to Yeazell
Chauffeurs, Teamsters and Helpers, Local No. 391 v. Terry
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Petitioner and McLean were parties to a collective bargaining agreement. The agreement governed the terms and conditions of employment at McLean’s terminals. In 1982, McLean implemented a change in operations that resulted in the elimination of some of its terminals and the reorganization of others. Six weeks after being transferred to McLean’s Winston-Salem terminal, the Petitioners were alternately laid off and recalled several times. Respondents filed several union grievances, the third of which the Petitioner refused to prosecute. Respondents then filed suit against the Petitioner for violating their duty of fair representation.
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