Kaiser v. Local No. 83

577 F.2d 642 99 L.R.R.M. (BNA) 2011 , 84 Lab.Cas. P 10,711 Arthur KAISER, Jr., Plaintiff-Appellant, v. LOCAL NO. 83, affiliate of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, an unincorporated association, and United-Metro, Inc., Defendants-Appellees. No. 75-3531. United States Court of Appeals, Ninth Circuit. June 30, 1978. Gerald W. Alston, Phoenix, Ariz., for plaintiff-appellant. Joe W. Contreras, of Ward & Contreras, Ltd., Phoenix, Ariz., for defendants-appellees. Appeal from the United States District Court for the District of Arizona. Before CHAMBERS and HUG, Circuit Judges, and FERGUSON, * District Judge. PER CURIAM: 1 The issue on appeal is whether the employer is an indispensable party in an action against a labor union for breach of its duty to fairly represent a union member in processing a grievance against the employer. We hold that it is not. 2 Plaintiff filed an action in the Superior Court, Maricopa County, Arizona against the defendant union alleging: 3 1. On November 28, 1972, he was a member in good standing of the union. 4 2. That on that date while working for United-Metro, Inc., he stopped his truck and then…