Frank Keppard v. International Harvester Co. And International Union, United Automobile-Aerospace-Agricultural Implement Workers of America

A union member appeals a summary judgment denying relief in his action against his union for failure to represent him and against his employer for back pay. Frank Keppard is an employee of International Harvester and a member of the United Automobile Workers. In 1966 he was injured on the job and became unable to work. He sought to return to work in 1971, but International refused to take him back. He thereupon filed a grievance with the union. The grievance went to binding medical arbitration, resulting in an award in his favor. He returned to work.

Keppard next asked the union to press his claim for two years’ back pay for the period between his request to return to work and his actual reemployment. The local union eventually compromised Keppard’s claim, as part of a package resolving a number of grievances during the negotiations for a new contract. When union officials announced the compromise and settlement at a union meeting, Keppard said he would not accept the $2,500 awarded him and said he would hire an attorney. Later, however, he accepted and cashed a check for the compromise amount after being told that the local in ratifying its new contract had agreed to the…