Richard Coe v. The United Rubber, Cork, Linoleum & Plastic Workers of Am., & Firestone Tire & Rubber Co., Inc., 571 F.2d 1349 (5th Cir. 1978). · Go Syfert
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Richard Coe v. The United Rubber, Cork, Linoleum & Plastic Workers of Am., & Firestone Tire & Rubber Co., Inc., 571 F.2d 1349 (5th Cir. 1978). Cases Citing This Book View Copy Cite
27 citation events (1 in the last 25 years) across 17 distinct courts.
Strongest positive: Rasheed v. International Paper Co. (alsd, 1993-06-25)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Rasheed v. International Paper Co.
S.D. Ala. · 1993 · confidence medium
Harris, 668 F.2d at 1206-07 (citations omitted); see United Steelworkers v. Rawson, 495 U.S. 362 , 110 S.Ct. 1904 , 109 L.Ed.2d 362 (1990). 26. “[N]either negligence on the part of the union nor a mistake in judgment is sufficient to support a claim that the union acted in an arbitrary and perfunctory manner.” Harris, 668 F.2d at 1206 (citing Findley, 639 F.2d at 960 ); Ruzicka v. General Motors Corp., 649 F.2d 1207, 1212 (6th Cir.1981); Hoffman v. Lonza, Inc., 658 F.2d 519, 521 (7th Cir.1981); Wyatt v. Interstate & Ocean Transport Co., 623 F.2d 888, 891 (4th Cir.1980); NLRB v. American Po…
cited Cited as authority (rule) Hinton v. Teamsters Local Union No. 891
N.D. Miss. · 1993 · confidence medium
Coe v. United Rubber Workers, 571 F.2d 1349, 1350-51 (5th Cir.1978).
discussed Cited as authority (rule) Joseph E. O'Neill v. Air Line Pilots Association, International
5th Cir. · 1989 · confidence medium
Accord Hines v. Anchor Motor Freight, Inc., 424 U.S. 554, 570-71 , 96 S.Ct. 1048, 1059-60 , 47 L.Ed.2d 231 (1976); Coe v. United Rubber Workers, 571 F.2d 1349, 1350 (5th Cir.1978) (per curiam) (“carelessness or inadvertence neither constitutes nor is evidence of” a breach of fair representation duty).
cited Cited as authority (rule) Baker v. Frank
W.D. La. · 1989 · confidence medium
Coe v. United Rubber, Cork, Linoleum & Plastic Workers, 571 F.2d 1349, 1350 (5th Cir.1978).
discussed Cited as authority (rule) Balsavage v. Ryder Truck Rental, Inc. (2×) also: Cited "see, e.g."
D.N.J. · 1989 · confidence medium
See Findley v. Jones Motor Frieght, 639 F.2d 953, 960 (3d Cir.1981) (stating that union failure to call known witnesses at grievance hearing or ascertain identity of other witnesses not actionable); Coe v. Rubber Workers, 571 F.2d 1349, 1350 (5th Cir.1978) (holding that union did not breach duty where it misde-signated notice, thereby barring arbitration).
discussed Cited as authority (rule) Lewis v. AMERICAN POSTAL WORKERS UNION, AFL-CIO
W.D. Va. · 1983 · confidence medium
For examples of similar cases, in addition to those already noted, see Ethier v. United States Postal Service, 590 F.2d 733 (8th Cir.) (union not liable when steward filed grievance one day too late due to misunderstanding of time requirement), cert. denied, 444 U.S. 826 , 100 S.Ct. 49 , 62 L.Ed.2d 33 (1979); Foust v. International Brotherhood of Electrical Workers, 572 F.2d 710, 714-16 (10th Cir.1978) (evidence would support jury finding that untimely filing of grievance was “arbitrary, unreasonable and a breach of duty.” 572 F.2d at 716 ), reversed on other ground, 442 U.S. 42 , 99 S.Ct.…
discussed Cited as authority (rule) Nunn v. NATIONAL FRESH FRUIT & VEGETABLE CO., INC.
S.D. Tex. · 1982 · confidence medium
Bazarte v. United Transportation Union, 429 F.2d 868, 872 (3rd Cir. 1970), cited with approval in, Coe v. United Rubber, Cork, Linoleum & Plastic, 571 F.2d 1349, 1351 (5th Cir. 1978) and Turner, 468 F.2d at 299 .
cited Cited as authority (rule) Higdon v. UNITED STEELWORKERS OF AM., AFL-CIO-CLC
S.D. Ga. · 1982 · confidence medium
Coe v. United Rubber, Cork, Linoleum & Plaster, 571 F.2d 1349, 1350-51 (5th Cir. 1978).
discussed Cited as authority (rule) John W. Harris v. Schwerman Trucking Company
11th Cir. · 1982 · confidence medium
See, e.g., Findley, 639 F.2d at 960 ; Ruzicka v. General Motors Corp., 649 F.2d 1207, 1212 (6th Cir. 1981); Hoffman v. Lonza, Inc., 658 F.2d 519, 521 (7th Cir. 1981); Wyatt v. Interstate & Ocean Transport Co., 623 F.2d 888, 891 (4th Cir. 1980); NLRB v. American Postal Workers Union, 618 F.2d 1249, 1255 (8th Cir. 1980); Coe v. United Rubber, Cork, Linoleum & Plastic Workers of America, 571 F.2d 1349, 1350-51 (5th Cir. 1978); Robesky v. Qantas Empire Airways Ltd., 573 F.2d 1082, 1090 (9th Cir. 1978).
discussed Cited as authority (rule) William Ruzicka, Cross-Appellant v. General Motors Corporation, Defendant-Cross Local 166 of the United Automobile, Aerospace and Agricultural Implement Workers of America, U.A.W., Cross-Appellee. William Ruzicka v. General Motors
6th Cir. · 1981 · confidence medium
United Steelworkers of America v. Smith, -- U.S. --, 101 S.Ct. 116 , 66 L.Ed.2d 46 (1980); Ethier v. United States Postal Service, 590 F.2d 733 , 736 (8th Cir.) cert. denied, 444 U.S. 826 , 100 S.Ct. 49 , 62 L.Ed.2d 33 (1979); Baldini v. Local Union No. 1095, 581 F.2d 145, 151 (7th Cir. 1978); Robesky v. Quantas Empire Airways Ltd., 573 F.2d 1082 , 1089-90 (9th Cir. 1978); Coe v. United Rubber, Cork, Linoleum & Plastic, 571 F.2d 1349, 1350 (5th Cir. 1978); Dwyer v. Climatrol Industries, Inc., 544 F.2d 307, 311 (7th Cir. 1976) cert. denied, 430 U.S. 932 , 97 S.Ct. 1553 , 51 L.Ed.2d 776 (1977); …
discussed Cited as authority (rule) Dlugach v. JEFFERSON CHEMICAL CO., INC. (2×) also: Cited "see"
E.D. Tex. · 1980 · confidence medium
See John Wiley & Sons v. Livingston, 376 U.S. 543, 555-59 , 84 S.Ct. 909, 917-919 , 11 L.Ed.2d 898 (1964); Coe v. United Rubber, Cork, Linoleum and Plastic Workers of America, 571 F.2d 1349, 1350-51 (5th Cir. 1978); Palestine Tel.
discussed Cited as authority (rule) Ruzicka v. General Motors Corp.
6th Cir. · 1980 · confidence medium
United Steelworkers of America v. Smith, - U.S. -, 101 S.Ct. 116 , 66 L.Ed.2d 46 (1980); Ethier v. United States Postal Service, 590 F.2d 733 , 736 (8th Cir.) cert. denied, 444 U.S. 826 , 100 S.Ct. 49 , 62 L.Ed.2d 33 (1979); Baldini v. Local Union No. 1095, 581 F.2d 145, 151 (7th Cir. 1978); Robesky v. Quantas Empire Airways Ltd., 573 F.2d 1082 , 1089-90 (9th Cir. 1978); Coe v. United Rubber, Cork, Linoleum & Plastic, 571 F.2d 1349, 1350 (5th Cir. 1978); Dwyer v. Climatrol Industries, Inc., 544 F.2d 307, 311 (7th Cir. 1976) cert. denied, 430 U.S. 932 , 97 S.Ct. 1553 , 51 L.Ed.2d 776 (1977); Ba…
discussed Cited "see" Smith v. Babcock & Wilcox Co.
S.D. Ga. · 1982 · signal: see · confidence high
Motor Coach Employees v. Lockridge, 403 U.S. 274, 299 , 91 S.Ct. 1909, 1924 , 29 L.Ed.2d 473 (1970); see Coe v. United Rubber, Cork, Linoleum and Plastic Workers of America, 571 F.2d 1349, 1351 (5th Cir. 1978).
cited Cited "see" Ethier v. United States Postal Service
8th Cir. · 1979 · signal: see · confidence high
See Coe v. United Rubber, Cork, Linoleum & Plastic, 571 F.2d 1349 (5th Cir. 1978); Minnis v. Intern.
cited Cited "see" Ethier v. United States Postal Service
8th Cir. · 1979 · signal: see · confidence high
See Coe v. United Rubber, Cork, Linoleum & Plastic, 571 F.2d 1349 (5th Cir. 1978); Minnis v. Intern.
Retrieving the full opinion text from the archive…
Richard COE, Plaintiff-Appellant,
v.
the UNITED RUBBER, CORK, LINOLEUM AND PLASTIC WORKERS OF AMERICA, and Firestone Tire and Rubber Company, Inc., Defendants-Appellees
77-2987.
Court of Appeals for the Fifth Circuit.
Apr 27, 1978.
571 F.2d 1349
1978 U.S. App. LEXIS 11469
Alfred N. Corriere, Albany, Ga., for plaintiff-appellant., Thomas William Malone, Albany, Ga., Charles R. Armstrong, URW Asst. Gen. Counsel, Harley Kastner, Akron, Ohio, for the United Rubber, Etc., Robert L. Thompson, Atlanta, Ga., Thorley C. Mills, Firestone Tire & Rubber Co., Akron, Ohio, for Firestone.
Roney, Gee, Fay.
Cited by 24 opinions  |  Published
PER CURIAM:

Appellant Richard Coe had been an employee of Firestone Tire and Rubber Company (Firestone) for approximately five years when he was dismissed in December 1975. During most of that time he was a member of appellee United Rubber, Cork, Linoleum and Plastic Workers of America (Union), but at the time of his dismissal he was not. He rejoined the Union after his discharge. During the fall of 1975, Firestone was investigating instances of vandalism in its plant. Information given to a Firestone security man implicated appellant and one Broerson. They and two other employees were questioned by the security man on December 3, 1975, and asked to take a lie detector test. Initially only appellant and Broerson refused to cooperate, but upon advice from the Union all four workers refused the test. On December 8, appellant and Broerson were discharged for “refusal to cooperate in an official investigation.” Broerson has dismissed his appeal.

The Union filed a grievance on behalf of appellant on December 15, 1975, protesting his termination, which was denied on December 16 by Firestone. In a letter dated January 7, 1976, the Union notified Firestone of two appeals to arbitration from a denial of grievances. The notice erroneously designated appellant’s grievance as number 881, when in fact it was number 681. The Union filed its demand for arbitration of Coe’s grievance on February 12, 1976, this time with the proper number. Firestone indicated that the notice was not timely and the grievance was not arbitrable. On May 5, 1977, the matter was submitted to arbitration subject to Firestone’s objection.

On December 3, 1976, appellant filed this suit alleging he had been wrongfully discharged by Firestone in violation of his contract of employment. He also argued the Union had breached its duty of fair representation by failing to process his grievance for wrongful discharge. Appellee’s motions for summary judgment were granted by the district court on grounds that appellant had not exhausted his contractual remedy of arbitration and that the Union had not breached its duty of fair representation. Appellant now appeals these rulings.

For essentially the reasons assigned by the trial court, we affirm its judgment. Appellant Coe complains that the court was mistaken in its stated belief that his employer waived its initial objection to the timeliness of his grievance and asserts, on matter dehors the record, that the arbitrator eventually decided against him on this basis. Whether or not this be so, this issue was for the arbitrator; and Mr. Coe’s suit was, pending the arbitrator’s decision, properly disposed of summarily for his failure to exhaust that remedy. Republic Steel Corp. v. Maddox, 379 U.S. 650, 85 S.Ct. 614, 13 L.Ed.2d 580 (1965).

It is true that the Union may have occasioned the employer’s defense of untimeliness by misnumbering Coe’s claim in its notice to the employer of the appeal to arbitration. If so, this carelessness or inadvertence neither constitutes nor is evidence of that “arbitrary, discriminatory or .[*1351] bad faith” conduct by the Union required by Vaca v. Sipes, 386 U.S. 171, 190, 87 S.Ct. 903, 17 L.Ed.2d 842 (1967) for a breach of the Union’s statutory duty of fair representation. Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America v. Lockridge, 403 U.S. 274, 301, 91 S.Ct. 1909, 1925, 29 L.Ed.2d 473 (insisting on “the . . . distinction . between honest, mistaken conduct, [by the union] . . . and deliberate and severely hostile and irrational treatment . . ..”); Bazarte v. United Transportation Union, 429 F.2d 868 (3 Cir. 1970) (negligence or poor judgment insufficient to base claim of unfair representation). An error in one number does not furnish so much as a scintilla of evidence to support Coe’s claim of arbitrary conduct by the Union.

AFFIRMED.