Mark Kozy v. Wings West Airlines, Inc. Jim Bishop Chester Gault Gene Erreca Regional Airline Pilot Association
Opinion
Opinion
Winmill, J.
Plaintiff Mark Kozy was a pilot for Wings West until he was fired for sexually harassing other employees. He filed a grievance pursuant to a collective bargaining agreement (CBA) between Wings West and his Union. After losing at the initial stage, and waiting over a year for a written decision from the internal appeals board, Kozy filed suit against Wings West for breach of the CBA, and against the Union for breach of the duty of fair representation. The district court granted summary judgment against Kozy, and he filed this appeal. We affirm in part and reverse in part the decision of the district court, and remand this case for the limited purpose of compelling the representatives of the Union and Wings West, who comprise the appeals board, to issue an order resolving Kozy’s grievance.
Background
In response to his termination for sexual harassment, Kozy filed a grievance alleging that he had been wrongfully discharged. The CBA between the Union and Wings West provided that the first step of the grievance procedure was a hearing before the Wings West Vice President of Operations, Eugene Hahn. Kozy’s grievance was denied by Hahn on May 21,1992.