Kathy Bliesner v. The Communication Workers of America Verizon Northwest Inc., Fka Gte Northwest Incorporated
Opinion
Opinion
Fletcher, J.
Plaintiff Kathy Bliesner brings a hybrid fair representation/ § 301 suit against her union and her employer, alleging that her union breached its duty of fair representation in violation of the National Labor Relations Act and that her employer breached its collective bargaining agreement (“CBA”) in violation of § 301(a) of the Labor Management Relations Act. The district court granted summary judgment against Bliesner on the ground that she had failed to establish that her employer breached the CBA. The district court did not address the question of whether the union breached its duty of fair representation.
Bliesner contends on appeal that the district court should not have reached the question of her employer’s obligation under the CBA without first addressing the question of her union’s duty of fair representation. We disagree. Bliesner had to prevail on both questions in order to survive the motion for summary judgment. We hold that the district court was not required to decide the questions in any particular order, and that it properly granted summary judgment against Blies- ner after holding that the employer had not breached the CBA.