Stevens

This appeal by union members from a district court order granting summary judgment in favor of their union and their employer requires us to examine the statutory duty of fair representation and Section 301 of the Labor Management Relations Act. We must determine whether the district court properly concluded that the Appellants failed to present sufficient evidence that the union breached its statutory duty of fair representation. This is the critical issue because the union’s liability under the circumstances presented here is a condition precedent to the Appellants’ prevailing on their Section 301 action against the employer. United Parcel Serv., Inc. v. Mitchell, 451 U.S. 56, 62 , 101 S.Ct. 1559, 1564 , 67 L.Ed.2d 732 (1981), overruled on other grounds by DelCostello v. Int’l Bhd. of Teamsters, 462 U.S. 151 , 103 S.Ct. 2281 , 76 L.Ed.2d 476 (1983). We must also determine whether the district court abused its discretion by admitting certain provisions of a witness declaration over the hearsay objections of the Appellants.

The Appellants brought this action in the district court against Moore Business Forms, Inc. for violation of Section 301 of the Labor Management Relations…