James H. Hughes, Jr. v. International Brotherhood of Teamsters, Local 683

Only one issue is presented by this appeal: Was summary judgment appropriate in appellant’s suit alleging that appellee breached its duty of fair representation? We hold that it was not and reverse.

Appellant, James H. Hughes, Jr., was employed as a truck driver by Shoreline Beverage Company [“Shoreline”] to transport beer. Appellee, the International Brotherhood of Teamsters, Local 683 [“Local 683”], represented Shoreline’s employees in signing a collective bargaining agreement with Shoreline. Prior to April 1971, Shoreline only required its drivers to deliver beer. But after April 1971, Shoreline’s drivers were also required to sell beer; thus they had to keep invoices, rotate stock and maintain a record of each customer’s needs. Drivers were given the choice whether to become driver-salesmen and appellant chose to do so.

Appellant alleges that while he was employed by Shoreline, Shoreline violated the collective bargaining agreement by refusing to pay overtime for employee time spent at Shoreline’s meetings with its employees, by making employees load excess cases without the aid of a helper, and by not paying drivers agreed-to premiums for selling greater than 250 cases per…