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  • Jim D. Cox v. The Boeing Company and District Lodge No. 70, International Association of MacHinists and Aerospace Workers, Afl-Cio, 25 F.3d 1056, 10th Cir. (1994)

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    This summary summarizes a court order from a case between Jim Cox, a former Boeing employee, and Boeing and the International Association of Machinists and Aerospace Workers union. The district court had granted summary judgment to Boeing and the union. The appellate court affirmed the district court's decision, finding that the union had fulfilled its duty of fair representation in investigating Cox's firing and that Cox did not provide grounds to overrule precedent defining a union's representation obligations. The appellate court affirmed for the same reasons provided by the thorough district court order.

    Original Description:

    Filed: 1994-06-13 Precedential Status: Precedential Citations: 25 F.3d 1056 Docket: 93-3321

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    This summary summarizes a court order from a case between Jim Cox, a former Boeing employee, and Boeing and the International Association of Machinists and Aerospace Workers union. The district court had granted summary judgment to Boeing and the union. The appellate court affirmed the district court's decision, finding that the union had fulfilled its duty of fair representation in investigating Cox's firing and that Cox did not provide grounds to overrule precedent defining a union's representation obligations. The appellate court affirmed for the same reasons provided by the thorough district court order.

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    Jim D. Cox v. The Boeing Company and District Lodge No. 70, International Association of MacHinists and Aerospace Workers, Afl-Cio, 25 F.3d 1056, 10th Cir. (1994)

    Uploaded by

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    This summary summarizes a court order from a case between Jim Cox, a former Boeing employee, and Boeing and the International Association of Machinists and Aerospace Workers union. The district court had granted summary judgment to Boeing and the union. The appellate court affirmed the district court's decision, finding that the union had fulfilled its duty of fair representation in investigating Cox's firing and that Cox did not provide grounds to overrule precedent defining a union's representation obligations. The appellate court affirmed for the same reasons provided by the thorough district court order.

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    of 2

    25 F.

    3d 1056
    147 L.R.R.M. (BNA) 3024
    NOTICE: Although citation of unpublished opinions remains unfavored,
    unpublished opinions may now be cited if the opinion has persuasive value on a
    material issue, and a copy is attached to the citing document or, if cited in oral
    argument, copies are furnished to the Court and all parties. See General Order of
    November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
    further order.

    Jim D. COX, Plaintiff-Appellant,


    v.
    The BOEING COMPANY and District Lodge No. 70,
    International
    Association of Machinists and Aerospace Workers,
    AFL-CIO, Defendants-Appellees.
    No. 93-3321.

    United States Court of Appeals, Tenth Circuit.


    June 13, 1994.

    Before SEYMOUR, Chief Judge, McKAY and BALDOCK, Circuit


    Judges.

    ORDER AND JUDGMENT1


    McKAY
    1

    The parties have agreed that this case may be submitted for decision on the
    briefs. See Fed. R.App. P. 34(f); 10th Cir. R. 34.1.2. The case is therefore
    ordered submitted without oral argument.

    Plaintiff, a former employee of Defendant Boeing Company ("Boeing"), filed


    suit in federal district court against Boeing and Lodge No. 70 of the
    International Association of Machinists and Aerospace Workers, AFL-CIO
    ("the Union"). Plaintiff alleges that in investigating his firing from Boeing, the

    Union did not fulfill its duty of fair representation, and that Boeing breached its
    collective bargaining agreement with the Union. In an extensive memorandum
    and order, the district court granted Defendants' summary judgment motion. On
    appeal, Plaintiff's main argument is that this court should overrule the line of
    cases defining "fair representation" and increase the legal obligation owed by a
    union when it represents employees in disputes. Plaintiff has not provided this
    court with a sound basis to overrule such cases. After reviewing the briefs, the
    record, and the exhaustive Order by the district court, we affirm for
    substantially the same reasons given by the district court.
    3

    AFFIRMED.

    This order and judgment is not binding precedent, except under the doctrines of
    law of the case, res judicata, and collateral estoppel. The court generally
    disfavors the citation of orders and judgments; nevertheless, an order and
    judgment may be cited under the terms and conditions of the court's General
    Order filed November 29, 1993. 151 F.R.D. 470

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