Académique Documents
Professionnel Documents
Culture Documents
_________________________
No. 95-1881
Plaintiffs, Appellants,
v.
Defendants, Appellees.
_________________________
_________________________
Before
_________________________
Raquel M. Dulzaides,
____________________
and
Jimenez,
________
____________________
brought
U.S.C.
185 (1994).
de Tronquistas de
dereliction
employer,
Puerto Rico,
of its duty
Transport, Inc.
at
the
times
relevant
Union) acted
of fair representation,
Crowley American
hereto.
The
In
due course,
(Crowley), violated
defendants
allegations.
granted the
16, 1995).
denied
the district
(HL),
in
plaintiffs'
v.
Union
the
court
See Ayala
___ _____
No. 94-2234
We summarily affirm.
Having
carefully
considered the
parties' briefs,
the district
precise
to put
into practice our stated belief that, when "a trial court
produced a
should
work product,
36,
38
(1st Cir.
tribunal
1993).
Consequently,
we affirm
the
First:
First:
_____
urge
the
below.
a reviewing
To
resonate."
F.2d
first-rate
well-reasoned decision.
basis to
disturb
has
court's
we find no
that
they
The plaintiffs
were
entitled
to
seniority
Local 901)
rights
by
classification,
and
that,
therefore,
the
Union
should
have
by
non-laborers
with
greater
exhortation is unavailing.
on the key
company-wide
This
classification)
seniority.
(company-wide or in-
shop
makes
it
CBA favors
In
company-wide seniority
this situation,
Steelworkers
____________
the law
as the
of the
reading of the
appropriate measure.1
shop controls.
See United
___ ______
363 U.S.
574, 580
(1960).
Second:
Second:
______
possess
an
In all
absolute
right
to
the
context
representation
pursue
of
is
grievance
employee
not a
have
union
shepherd
grievances,
straitjacket
remedies
their
do not
under
the
the
which
duty
of
forces unions
collective
"In
fair
to
bargaining
the company.
. . .
in dealing
with
interests
of all
grievance
matters,
its members
and it
may
when deciding
consider
whether or
not to
of an
individual employee."
Seymour v.
_______
202, 208
Put
1982).
the
Olin
____
another
____________________
1It
is worthy of note
themselves,
on
earlier
that several of
occasions,
beneficiaries
of
the
way,
not
placate others.
In this case,
story.
have
withdrawn.
this
substitute
proposed
in
presentation and
version.
place
a grievance
They
containing
Understandably, the
undisputed facts
offering
its
grievance
to
one-sided
Union declined
sought
to
do so.
The
reasonably both in
No
more is exigible.
F.2d
281, 284
n.2 (1st
Cir.),
This
observation.
CBA, its
observation
leads
directly
misconstruction,
member
There
of
is no breach
the
simpliciter, does
___________
further
v. O'Neill,
_______
bargaining
bad faith."
499 U.S.
65, 67
not
constitute
collective
discriminatory or in
Ass'n
_____
190.
to
"conduct toward
unit
Id.; accord
___ ______
is
arbitrary,
(1991); Alicea
______
v. Suffield
________
Poultry, Inc.,
______________
instance, no
902 F.2d
125, 130
rational factfinder
(1st
Cir. 1990).
In this
the Union
Third:
Third:
_____
robust than
inadequacy of
the
the plaintiffs'
inadequacy
excuse
their
of their
failure to
claim against
exhaust
Union presages
Crowley.
contractual
In
order to
remedies in
the
theory
that
the
employees
must
first
claim.
violated
prevail on
DelCostello v.
___________
their
CBA,
unfair
disgruntled
representation
151,
164-65
(1983);
Chaparro-Febus
______________
1992).
the
82 (1989);
U.S.
employer
Failing in
983 F.2d
v.
325,
International
_____________
330 (1st
Cir.
also fail
Mindful,
as
we
are,
of the
district
court's
more
exegetic
further.
R. 27.1.
Affirmed.
Affirmed.
________
other) matters, we
need go no