Donald R. Higdon, Sr. v. United Steelworkers of Am., Afl-Cio-Clc, 706 F.2d 1561 (11th Cir. 1983). · Go Syfert
Donald R. Higdon, Sr. v. United Steelworkers of Am., Afl-Cio-Clc, 706 F.2d 1561 (11th Cir. 1983). Cases Citing This Book View Copy Cite
23 citation events (5 in the last 25 years) across 14 distinct courts.
Strongest positive: Jackson v. Teamsters Local Union 922 (dcd, 2014-02-12)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Jackson v. Teamsters Local Union 922
D.D.C. · 2014 · confidence medium
In rejecting the plaintiffs claim, the court explained that “[a] union does not breach its duty of fair representation simply by failing to give the grievant-member an opportunity to attend and notice of a particular segment of the grievance process,” id. at 30 (quoting Higdon v. United Steelworkers of Am., AFL-CIO-CLC, 706 F.2d 1561, 1562 (11th Cir.1983)) (internal quotation marks omitted), and that, as a result, the complaint lacked “factual allegations to support [the plaintiffs] assertion that [his union’s] refusal to allow him to attend the ... meeting amounts to a viable legal cl…
discussed Cited as authority (rule) Slovinec v. Communications Workers for America
D.D.C. · 2012 · confidence medium
“A union does not breach its duty of fair representation simply by failing to give the grievant-member an opportunity to attend and notice of a particular segment of the grievance process.” Higdon v. United Steelworkers of Am., AFL-CIO-CLC, 706 F.2d 1561, 1562 (11th Cir.1983); Cubangbang v. Mauna Lani Resort (Operation), Inc., No. 07-0241, 2007 WL 2746837 , at *3 (D.Haw.
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…
discussed Cited as authority (rule) Dukes v. Bethlehem Steel Corp. (2×) also: Cited "see, e.g."
D. Maryland · 1987 · confidence medium
Freeman v. O’Neal Steel, Inc., 609 F.2d 1123, 1127 (5th Cir.1980) (not essential that grievant be present when union decides whether to pursue grievance); Whitten v. Anchor Motor Freight, Inc., 521 F.2d 1335, 1341 (6th Cir.1975) (same); Higdon v. United Steelworkers of America, 706 F.2d 1561, 1562 (11th Cir.1983) (union does not breach duty of fair representation simply by failing to give member notice and opportunity to attend particular segment of grievance proceeding); see also recent Fourth Circuit unpublished decision, Howell v. Miller Brewing Co., No. 86-3568, slip op. at 4 (4th Cir. A…
cited Cited as authority (rule) Edward K. Howell v. The Miller Brewing Company Chauffeurs, Teamsters and Helpers Local Union 391
4th Cir. · 1987 · confidence medium
Higdon v. United Steelworkers, 706 F.2d 1561, 1562 (11th Cir.1983).
discussed Cited as authority (rule) DeGrio v. American Fed. of Gov. Employees
Fla. · 1986 · confidence medium
Peterson v. Kennedy, 771 F.2d 1244, 1253 (9th Cir.1985); Higdon v. United Steelworkers of America, 706 F.2d 1561, 1562 (11th Cir.1983); Curtis v. United Transportation Union, 700 F.2d 457, 458 (8th Cir.1983); Ruzicka v. General Motors, 649 F.2d 1207 , 1212 (6th Cir.1981).
discussed Cited as authority (rule) John T. Demars v. General Dynamics Corporation
1st Cir. · 1985 · confidence medium
See, e.g., Dober v. Roadway Express, Inc., 707 F.2d 292 (7th Cir.1983); Higdon v. United Steelworkers, 706 F.2d 1561, 1562 (11th Cir.1983); Findley v. Jones Motor Freight, 639 F.2d 953 (3d Cir.1981); Buchanan v. NLRB, 597 F.2d 388 , 394 (4th Cir.1979).
discussed Cited as authority (rule) Donald E. Howard v. Lockheed-Georgia Company, Aeronautical MacHinists Local Lodge 709 of the International
11th Cir. · 1984 · confidence medium
Higdon v. United Steel Workers, 706 F.2d 1561, 1562 (11th Cir.1983); Freeman v. O’Neal Steel, Inc., 609 F.2d 1123, 1127 (5th Cir.1980), cert. denied, 449 U.S. 833 , 101 S.Ct. 104 , 66 L.Ed.2d 39 (1980); Whitten v. Anchor Motor Freight, Inc., 521 F.2d 1335, 1341 (6th Cir.1975), cert. denied, 425 U.S. 981 , 96 S.Ct. 2188 , 48 L.Ed.2d 807 (1976).
cited Cited "see" Lauren Dodd v. International Longshoremen's Association Local 1475 Clerks and Checkers Union, Inc.
11th Cir. · 2025 · signal: see · confidence high
See Higdon v. United Steelworkers of Am., AFL-CIO-CLC, 706 F.2d 1561, 1563 (11th Cir. 1983).
cited Cited "see" Rickie E. Hester v. Thomas & Betts Holdings, Inc. And International Brotherhood of Electrical Workers, Local 175
6th Cir. · 1995 · signal: see · confidence high
See Higdon v. United Steelworkers, 706 F.2d 1561, 1562 (11th Cir.1983); cf. Black v. Ryder/P.I.E.
discussed Cited "see" Parker v. Connors Steel Company
11th Cir. · 1988 · signal: see · confidence high
See Higdon v. United Steelworkers of America, 706 F.2d 1561, 1562 (11th Cir.1983) (per curiam); Harris, 668 F.2d at 1206 . 58 Because the employees have failed to show any facts to support their claims that the Union breached its duty of fair representation in the negotiation process, in its handling of their grievances, or in the ratification of the concession agreements, the employees' hybrid Sec. 301/fair representation claim and their separate claim for breach of the Union's duty of fair representation must fail.
cited Cited "see" Parker v. Connors Steel Co.
11th Cir. · 1988 · signal: see · confidence high
See Higdon v. United Steelworkers of America, 706 F.2d 1561, 1562 (11th Cir.1983) (per curiam); Harris, 668 F.2d at 1206 .
discussed Cited "see" Dennis Hellums and Michael Keener v. Quaker Oats Company and Local 125, Retail, Wholesale and Department Store Union, Affiliated With the Afl-Cio
8th Cir. · 1985 · signal: see · confidence high
See Higdon v. United Steelworkers of America, 706 F.2d 1561, 1562 (11th Cir.1983); cf. Ethier v. United States Postal Service, 590 F.2d at 736 . Á union’s choice of a course of conduct cannot be said to be arbitrary or perfunctory in violation of the duty of fair representation, though the choice is arrived at negligently, as long as it is made in good faith and without hostility to any of the grievants.
discussed Cited "see, e.g." Lettis v. United States Postal Service
E.D.N.Y · 1998 · signal: see also · confidence medium
Caputo v. National Association of Letter Carriers, 730 F.Supp. 1221, 1230 (E.D.N.Y.1990) (citing Whitten v. Anchor Motor Freight, Inc., 521 F.2d 1335, 1341 (6th Cir.1975), cert. denied, 425 U.S. 981 , 96 S.Ct. 2188 , 48 L.Ed.2d 807 (1976)); see also Higdon v. United Steelworkers of America, 706 F.2d 1561, 1562 (11th Cir.1983) (failure to give grievant opportunity to attend and notice of one segment of grievance process not breach of duty).
discussed Cited "see, e.g." Evangelista v. Inlandboatmen's Union of Pacific
9th Cir. · 1985 · signal: see also · confidence medium
Singer v. Flying Tiger Line, Inc., 652 F.2d 1349, 1354 (9th Cir.1981), disapproved on other grounds, DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151 , 103 S.Ct. 2281 , 76 L.Ed.2d 476 (1983); see also Higdon v. United Steelworkers of America, 706 F.2d 1561, 1562 (11th Cir.1983) (union’s failure to give grievant notice of and opportunity to attend any particular segment of grievance process does not constitute breach of duty of fair representation); accord, Whitten v. Anchor Motor Freight, Inc., 521 F.2d 1335, 1341 (6th Cir.1975), cert. denied, 425 U.S. 981 , 96 S.Ct. 2188 …
discussed Cited "see, e.g." No. 84-2744
9th Cir. · 1985 · signal: see also · confidence medium
Singer v. Flying Tiger Line, Inc., 652 F.2d 1349, 1354 (9th Cir.1981), disapproved on other grounds, DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151 , 103 S.Ct. 2281 , 76 L.Ed.2d 476 (1983); see also Higdon v. United Steelworkers of America, 706 F.2d 1561, 1562 (11th Cir.1983) (union's failure to give grievant notice of and opportunity to attend any particular segment of grievance process does not constitute breach of duty of fair representation); accord, Whitten v. Anchor Motor Freight, Inc., 521 F.2d 1335, 1341 (6th Cir.1975), cert. denied, 425 U.S. 981 , 96 S.Ct. 2188 , …
Retrieving the full opinion text from the archive…
Donald R. HIGDON, Sr., Plaintiff-Appellant,
v.
UNITED STEELWORKERS OF AMERICA, AFL-CIO-CLC, Et Al., Defendants-Appellees
82-8265.
Court of Appeals for the Eleventh Circuit.
Jun 16, 1983.
706 F.2d 1561
Harris, McCracken, Jackson & Daniel, William R. McCracken, Augusta, Ga., for plaintiff-appellant., Robert H. Stropp, Jr., Birmingham, Ala., for United Steelworkers, AFL-CIO-CLC, and United Steelworkers of America, Local Union No. 13600., James W. Wimberly, Jr., James P. Cobb, Atlanta, Ga., for Bowman Transp., Inc.
Roney, Hill, Morgan.
Cited by 20 opinions  |  Published
PER CURIAM:

Donald R. Higdon, Sr., plaintiff-appellant, was discharged from his position as a local truck driver for defendant Bowman Transportation, Inc. (Bowman), in November of 1979 after 14 years of employment. The reason given for his discharge was that he failed to follow his superior’s instructions which required him to write and file a report concerning an argument he had with a Bowman customer. Higdon then sought the help of the defendant union, United Steelworkers of America, in securing rein[*1562] statement through a grievance process provided in the collective bargaining agreement between the union and Bowman. The grievance process consisted of three steps. The union unsuccessfully attempted to have Bowman reinstate Higdon through the first two steps of the process, but failed to exercise its discretion and take the matter to the final step of arbitration. As a result, Higdon was unable to completely pursue his claim of wrongful discharge within the provisions of the collective bargaining agreement.

This action was filed under Section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185, primarily alleging that the union’s failure to initiate arbitration proceedings breached its duty of fair representation mandated in §§ 8(b) and 9(a) of the LMRA, 29 U.S.C. §§ 158(b) and 159(a), which thereby allowed Bowman to discharge Higdon without just cause in violation of the collective bargaining agreement. The District Court for the Southern District of Georgia reviewed the relevant evidence and law, 537 F.Supp. 653, found that no material issues of facts were in dispute, and granted summary judgment in favor of the union and Bowman. Higdon now challenges that decision on two grounds. First, he argues that there are material issues of fact in dispute among the parties, and accordingly summary judgment was improper. Second, he contends that even if material issues of fact do not exist, the district court misapplied existing law in ruling against his claim. We reject these arguments and affirm the district court for the following reasons.

Higdon contends that there are three distinct issues of material fact in dispute. First, he argues that he introduced evidence creating an issue as to whether the union fully and fairly investigated the argument he had with the Bowman customer on the morning of his discharge. While we recognize that a union’s failure to investigate a member’s grievance can violate its duty of fair representation, see Turner v. Air Transport Dispatchers’ Association, 468 F.2d 297 (5th Cir.1972), we find that the union in this case did not breach its duty by failing to investigate since Higdon was discharged for insubordination and failure to follow instructions, not for his role in the argument with the Bowman customer. An investigation into the argument by the defendant union would have provided no information helpful in securing Higdon’s reinstatement, and thus the existence of such an investigation cannot be deemed a material fact. Second, Higdon claims that there is conflicting evidence in the record regarding whether he was given notice and the opportunity to attend the union’s handling of his grievance during the second step of the procedure established in the collective bargaining agreement. This claim is somewhat incredulous since Higdon himself conceded that the union informed him a step two hearing would take place, and although he was not expressly invited or excluded, he was further advised that his presence was not necessary and he did not request otherwise. Record on Appeal, Deposition of Donald R. Higdon, at 71-73 and 104-105. We note, however, that even if the record supported Higdon’s allegations with regard to notice and opportunity to attend, the factual issue would not be material to his claim against the union. A union does not breach its duty of fair representation simply by failing to give the grievant-member an opportunity to attend and notice of a particular segment of the grievance process. Freeman v. O’Neal Steel, Inc., 609 F.2d 1123 (5th Cir.1980); Whitten v. Anchor Motor Freight, Inc., 521 F.2d 1335 (6th Cir. 1975). Finally, Higdon argues that the record supports an inference of negligence in the union’s handling of his grievance. It is unnecessary for us to discuss or address the portions of the record on which Higdon relies since negligence does not constitute a breach of the duty of fair representation. Harris v. Schwerman Trucking Company, 668 F.2d 1204 (11th Cir.1982).

Higdon’s remaining claim on appeal is that the district court improperly granted summary judgment in favor of the defendants even if there were no material issues of fact in dispute. We disagree. “A breach[*1563] of the statutory duty of fair representation occurs only when a union’s conduct toward a member of the collective bargaining unit is arbitrary, discriminatory, or in bad faith.” Vaca v. Sipes, 386 U.S. 171, 190, 87 S.Ct. 903, 916, 17 L.Ed.2d 842 (1967). In the present ease, the record is void of any evidence supporting a conclusion that the union acted discriminatorily or in bad faith while handling Higdon’s grievance. Thus, the only remaining theory of relief available to Higdon is that the union acted arbitrarily. The test for determining whether a union’s actions are arbitrary, and thus violátive of the duty of fair representation, was discussed in Tedford v. Peabody Coal Company, 533 F.2d 952, 957 (5th Cir.1976):

[W]e think a decision to be nonarbi-trary must be (1) based upon relevant, permissible union factors which excludes the possibility of it being based upon motivations such as personal animosity or political favoritism; (2) a rational result of the consideration of those factors; and (3) inclusive of a fair and impartial consideration of the interest of all employees.

The district court below concluded that the union adequately investigated appellant’s grievance and weighed all relevant and permissible factors before choosing not to proceed to the final step of arbitration. . After a careful review of the record, we find that the evidence fully supports this conclusion.

In summary, Higdon failed to introduce any evidence into the record supporting his claim that the defendant union breached its duty of fair representation while handling his grievance against Bowman. Accordingly, summary judgment was properly grant-' ed in favor of the defendants. The order of the district court is

AFFIRMED.