Jack Fristoe v. Reynolds Metals Co.

Appellant challenges the removal of this action against his employer and labor unions to federal district court. He alleges that the employer discharged him in violation of the collective bargaining agreement and that the union breached its duty of fair representation in processing his grievance.

Moreover, he contends that his ignorance of the right to appeal the union’s refusal to arbitrate his grievance excuses his failure to exhaust internal union remedies. He also asserts error in the inadvertent omission of two depositions from the record.

The district court granted the defendants’ motion for summary judgment, and we affirm.

FACTS

Fristoe, an employee of Reynolds Metals Co. (Reynolds), was involved in off-premises fisticuffs with his supervisor. The altercation apparently arose from a job-related dispute between them. On the basis of signed statements by two eyewitnesses that Fristoe provoked the fight, Reynolds discharged him.

Fristoe asked his union steward to file a grievance over the discharge. The union took the grievance through the first three steps of the procedure but Reynolds refused to reinstate him. Because the evidence was unfavorable to Fristoe and the…