Johnny L. Banks v. Bethlehem Steel Corporation, a Corporation Seattle Steel, Inc., a Corporation United Steelworkers of America, a Labor Organization

This case arises out of the controversy surrounding Bethlehem Steel’s dismissal of Johnny Banks (“Banks”) for fighting. Banks claims that his union, United Steelworkers of America (“the Union” or “the International”), breached its duty of fair representation by failing adequately to pursue his grievance. Banks further alleges that his discharge by Bethlehem was racially motivated. The district court granted the Union’s motion for summary judgment on the fair representation claim. After a full bench trial, a magistrate likewise dismissed all claims based on allegations of racial discrimination. We affirm in part, reverse in part, and remand.

I.

BACKGROUND

Johnny Banks was a steel mill worker employed by Bethlehem Steel Corporation (“Bethlehem” or “Bethlehem Steel”) in its Seattle plant. Before the incident that led to his discharge, Banks had an unblemished employment record reflecting twelve years of exemplary service at Bethlehem. The assistant supervisor of mills rated him in the top 10 percent of all hourly employees. Further, Banks had accumulated the second highest number of overtime hours in his department and had only missed approximately five days in his last five years…