John W. Harris v. Schwerman Trucking Co., 668 F.2d 1204 (11th Cir. 1982). · Go Syfert
John W. Harris v. Schwerman Trucking Co., 668 F.2d 1204 (11th Cir. 1982). Cases Citing This Book View Copy Cite
“the grievance and arbitration process is not conducted in a judicial forum and union representatives are not held to strict standards of trial advocacy.”
88 citation events (36 in the last 25 years) across 17 distinct courts.
Strongest positive: Smith v. DRUG, CHEM. & AFF. WAREHOUSE EMP. LOC. 815 (nyed, 1996-08-19)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 34 distinct citers.
discussed Cited as authority (verbatim quote) Smith v. DRUG, CHEM. & AFF. WAREHOUSE EMP. LOC. 815
E.D.N.Y · 1996 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
the grievance and arbitration process is not conducted in a judicial forum and union representatives are not held to strict standards of trial advocacy.
cited Cited as authority (rule) Dodd v. International Longshoremen's Association
S.D. Ga. · 2024 · confidence medium
The burden to establish a breach of the duty of fair representation is “a substantial one.” Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir. 1982).
discussed Cited as authority (rule) Hammond v. International Longshoremen's Association, Local 1408
M.D. Fla. · 2024 · confidence medium
A union’s duty of fair representation requires the union to “‘represent fairly the interests of all bargaining-unit members during negotiation, administration, and enforcement of collective bargaining agreements.’” Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir. 1982) (quoting Int’l Brotherhood of Elec.
cited Cited as authority (rule) Derek Leroy McSmith v. Unite Here Local 23
11th Cir. · 2022 · confidence medium
Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir. 1982).
examined Cited as authority (rule) Justin Oltmans v. International Longshoremen's Association Local 1475 Clerks and Checkers Union, Inc. (4×) also: Cited "see", Cited "see, e.g."
11th Cir. · 2020 · confidence medium
Under the duty of fair representation, a union “has an obligation to fairly represent the employee during the course of grievance proceedings.” Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir. 1982).
discussed Cited as authority (rule) Oltmanns v. International Longshoremen's Association Local 1475 Clerks and Checkers Union, Inc.
S.D. Ga. · 2019 · confidence medium
A. Breach of the Duty of Fair Representation It is well-established in the Eleventh Circuit that a union has “an obligation to fairly represent the employee during the course of grievance proceedings.” Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir. 1982).
discussed Cited as authority (rule) Anderson v. American Federation of Teachers
virginislands · 2017 · confidence medium
Appx. 217, 219-20 (5th Cir. 2015) (concluding that an expert’s affidavit was cursory because it recited the expert’s credentials and opinion without “any factual support or explanation of the expert’s basis for concluding that observed damage occurred as a result of a particular hail storm”); Shane v. Greyhound Lines, Inc., 868 F.2d 1057, 1061 (9th Cir. 1989) (rejecting “conclusory allegations, not backed up by statements of fact” in an affidavit submitted to support a claim for breach of duty of fair representation and affirming summary judgment for the union on that claim); Har…
discussed Cited as authority (rule) Emery v. Allied Pilots Ass'n
S.D. Fla. · 2016 · confidence medium
The burden to establish a breach of the [duty of fair representation] is “a substantial one.” Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir. 1982). “[M]ere negligence is never sufficient to sustain a claim for breach of the [duty of fair representation].” Roadway Exp., Inc. v. N.L.R.B., 427 Fed.Appx. 838, 841 (11th Cir. 2011).
discussed Cited as authority (rule) Jamie Daniels v. United Automobile, Aerospace and Agricultural Implement Workers of America
11th Cir. · 2015 · confidence medium
As to the Second Recall Grievance, if a “grievance was fairly presented a court will not second guess an arbitrator’s decision regarding the merits of the employee’s grievance.” Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982).
cited Cited as authority (rule) Daughtry v. Army Fleet Support, LLC
M.D. Ala. · 2013 · confidence medium
Notwithstanding that duty, “a union is allowed considerable latitude in its representation of employees.” Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982).
cited Cited as authority (rule) Roadway Express, Inc. v. National Labor Relations Board
11th Cir. · 2011 · confidence medium
The burden to establish a breach of DFR is “a substantial one.” Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982) (quoting another source).
cited Cited as authority (rule) Roadway Express, Inc. v. NLRB
11th Cir. · 2011 · confidence medium
The burden to establish a breach of DFR is “a substantial one.” Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir. 1982) (quoting another source).
discussed Cited as authority (rule) Barrington v. Lockheed Martin
M.D. Fla. · 2007 · confidence medium
To establish that the Union breached its duty of fair representation with respect to her, Barrington must show that the Union’s handing of her grievance was “arbitrary, discriminatory, or done in bad faith.” Parker v. Connors Steel Co., 855 F.2d 1510, 1520 (11th Cir.1988) (citing Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982)).
cited Cited as authority (rule) Crawford v. AT & T & Communications Workers of America, Local 3250
N.D. Ga. · 2000 · confidence medium
Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206-07 (11th Cir.1982).
examined Cited as authority (rule) Massey v. United Transportation Union (3×) also: Cited "see"
S.D. Ga. · 1994 · confidence medium
Hines v. Anchor Motor Freight, 424 U.S. 554, 571 , 96 S.Ct. 1048, 1059 , 47 L.Ed.2d 231 (1976); Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (1982).
discussed Cited as authority (rule) Rasheed v. International Paper Co. (2×) also: Cited "see"
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) Lowrey v. Exxon Corp.
M.D. La. · 1993 · confidence medium
Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982). .
discussed Cited as authority (rule) Parker v. Connors Steel Company (2×)
11th Cir. · 1988 · confidence medium
Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982); see also Vaca v. Sipes, 386 U.S. 171, 190 , 87 S.Ct. 903, 916-17 , 17 L.Ed.2d 842 (1967).
discussed Cited as authority (rule) Parker v. Connors Steel Co. (2×)
11th Cir. · 1988 · confidence medium
Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982); see also Vaca v. Sipes, 386 U.S. 171, 190 , 87 S.Ct. 903, 916-17 , 17 L.Ed.2d 842 (1967).
discussed Cited as authority (rule) Passo v. United States Postal Service
S.D.N.Y. · 1986 · confidence medium
Co., 697 F.2d 771, 778 (7th Cir.1983); Harris v. Schwerman, 668 F.2d 1204, 1206 (11th Cir.1982); Spielmann v. Anchor Motor Freight, Inc., 551 F.Supp. at 823 ; Capobianco v. Brink’s Inc., 543 F.Supp. 971, 975 (E.D.N.Y.1982), aff'd, 722 F.2d 727 (2d Cir.1983).
discussed Cited as authority (rule) Hechler v. International Brotherhood Of Electrical Workers
11th Cir. · 1985 · confidence medium
See Vaca, supra, 386 U.S. at 194-95 , 87 S.Ct. at 919 ; Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982). 28 Several cases provide guidance on the question of whether a suit for negligence against a union can be no more than a duty of a fair representation claim and therefore is preempted by federal law.
cited Cited as authority (rule) Hechler v. International Brotherhood of Electrical Workers
11th Cir. · 1985 · confidence medium
See Vaca, supra, 386 U.S. at 194-95 , 87 S.Ct. at 919 ; Harris v. Schwer-man Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982).
cited Cited as authority (rule) Henry v. Air Line Pilots Ass'n International
N.D. Ga. · 1984 · confidence medium
Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982).
discussed Cited as authority (rule) Melvin Smith v. Babcock & Wilcox Company, Refractories Division, Augusta, Georgia (2×)
11th Cir. · 1984 · confidence medium
Hines v. Anchor Motor Freight, Inc., 424 U.S. 554, 571 , 96 S.Ct. 1048, 1059-60 ,- 47 L.Ed.2d 231, 245 (1976); Harris v. Schwerman Tracking Co., 668 F.2d 1204, 1206 (11th Cir.1982).
cited Cited as authority (rule) Spielmann v. Anchor Motor Freight, Inc.
S.D.N.Y. · 1982 · confidence medium
Harris v. Schwerman, 668 F.2d 1204, 1206 (11th Cir.1982).
cited Cited "see" Amadeo Bianchi v. Int'l Brotherhood of Teamsters
11th Cir. · 2006 · signal: see · confidence high
See Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982).
cited Cited "see" Edward K. Howell v. The Miller Brewing Company Chauffeurs, Teamsters and Helpers Local Union 391
4th Cir. · 1987 · signal: see · confidence high
See Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206-07 (11th Cir.1982).
cited Cited "see" ca4 1986
4th Cir. · 1986 · signal: see · confidence high
See Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206-07 (11th Cir.1982).
cited Cited "see" Ash v. United Parcel Service, Inc.
4th Cir. · 1986 · signal: see · confidence high
See Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206-07 (11th Cir.1982).
cited Cited "see" Poole v. Budd Co.
6th Cir. · 1983 · signal: see · confidence high
See Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982).
cited Cited "see" Poole v. Budd Company
6th Cir. · 1983 · signal: see · confidence high
See Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982).
discussed Cited "see, e.g." Smith v. Drug, Chemical, Cosmetic, Plastics & Affiliated Industries Warehouse Employees Local 815
E.D.N.Y · 1996 · signal: see, e.g. · confidence medium
See, e.g., Harris v. Schwerman Trucking Co., 668 F.2d 1204, 1206 (11th Cir.1982) (“The grievance and arbitration process is not conducted in a judicial forum and union representatives are not held to strict standards of trial advocacy.”).
cited Cited "see, e.g." Aguinaga v. John Morrell & Co.
D. Kan. · 1985 · signal: see, e.g. · confidence low
See, e.g., Harris v. Schwerman Trucking Co., 668 F.2d 1204 (11th Cir.1982); Ruzicka v. General Motors Corp., 649 F.2d 1207 (6th Cir.1981); Findley v. Jones Motor Freight, 639 F.2d 953 (3d Cir.1981).
cited Cited "see, e.g." Harold v. Brown v. Trans World Airlines, Inc.
8th Cir. · 1984 · signal: see, e.g. · confidence low
See, e.g., Harris v. Schwerman Trucking Co., 668 F.2d 1204 (11th Cir.1982); Grovner, 625 F.2d 1289 ; Franklin v. Southern Pacific Transportation Co., 593 F.2d 899 (9th Cir.1979).
John W. HARRIS, Plaintiff-Appellant,
v.
SCHWERMAN TRUCKING COMPANY, Et Al., Defendants-Appellees
81-7022.
Court of Appeals for the Eleventh Circuit.
Feb 22, 1982.
668 F.2d 1204
William H. Roe, Sidney C. Summey, Jr., Birmingham, Ala., for plaintiff-appellant., Walter H. Flamm, Jr., John J. McAleese, Jr., Bala Cynwyd, Pa., for defendants-appellees.
Edenfield, Fay, Roney.
Cited by 40 opinions  |  Published
Pinpoint authority: bottom 55%
FAY, Circuit Judge:

After his discharge by Schwerman Trucking Company, John Harris filed a grievance which was heard by the Southern Tank Haul Joint Committee on April 8-9, 1980. Harris was present at the meeting and was represented by the Business Representative of Teamsters Union Local 612. The minutes of the meeting reflect that Harris, a truck driver for Schwerman, delivered a load of waste to a dump site on March 28, 1980. While there he asked for a sample of water and the management at the site refused. [1] As a result of this incident Schwerman discharged Harris. Schwerman’s representative explained to the Joint Committee that their customer (the dump site) complained about Harris and had told Schwerman not to deliver to the site again.

At the hearing both the Union representative and Schwerman’s representative spoke to the merits of the grievance. Harris also spoke on his own behalf at the hearing. After considering the grievance, the Joint Committee upheld Schwerman’s discharge of Harris.

Harris then filed suit against Schwerman and the Union alleging that Schwerman’s discharge was wrongful and in violation of the collective bargaining agreement and that the Union breached its duty of fair representation by handling his grievance in a “bad faith and perfunctory” manner. The District Court granted summary judgment in favor of Schwerman and the Union and this appeal followed. We find that Harris failed to present evidence that the Union breached its duty of fair representation (the sole issue on appeal) and consequently, affirm the District Court’s order granting summary judgment.

The collective bargaining agreement between Local 612 and Schwerman provided that “[a] decision by a majority of any panel of the Joint Committee shall be final and binding on the parties and employees involved.” When a collective bargaining agreement provides a mechanism[*1206] whereby grievances are submitted to binding arbitration, a decision of the arbitrator may not normally be relitigated in federal court. United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593, 599, 80 S.Ct. 1358, 1362, 4 L.Ed.2d 1424 (1960). The union, however, has an obligation to fairly represent the employee during the course of grievance proceedings and if the union breaches its duty of fair representation, the bar to federal court review is lifted. Hines v. Anchor Motor Freight, 424 U.S. 554, 571, 96 S.Ct. 1048, 1059, 47 L.Ed.2d 231 (1976). “Under the doctrine, a union must represent fairly the interests of all bargaining-unit members during negotiation, administration, and enforcement of collective bargaining agreements.” International Brotherhood of Electrical Workers v. Foust, 442 U.S. 42, 47, 99 S.Ct. 2121, 2125, 60 L.Ed.2d 698 (1979). The focus is on the union’s conduct during the course of its representation of the employee, if the grievance was fairly presented a court will not second guess an arbitrator’s decision regarding the merits of the employee’s grievance. Hines, 424 U.S. at 571, 96 S.Ct. at 1059. In order to establish that the union has breached its duty of fair representation it must be shown that the union’s handling of the grievance was either “ ‘arbitrary, discriminatory, or in bad faith,’ as, for example, when it ‘arbitrarily ignorefs] a meritorious grievance or process[es] it in [a] perfunctory fashion.’ ” Foust, 442 U.S. at 47, 99 S.Ct. at 2125 (quoting Vaca v. Sipes, 386 U.S. 171, 190-91, 87 S.Ct. 903, 916-17, 17 L.Ed.2d 842 (1967)). See, e.g., Grovner v. Georgia-Pacific Corp., 625 F.2d 1289, 1290 (5th Cir. 1980); Abilene Sheet Metal, Inc. v. NLRB, 619 F.2d 332, 347 (5th Cir. 1980).

The “perfunctory” aspect of the above quote is the subject of this appeal. Appellant Harris argues that a genuine issue of fact exists as to whether the Union’s representation of his claim was so perfunctory as to be a breach of the duty of fair representation. The District Court, however, correctly determined that the conclusory allegations contained in Harris’ affidavit were insufficient to create a genuine factual dispute. [2] Benton-Volvo — Metairie, Inc. v. Volvo Southwest, Inc., 479 F.2d 135, 139 (5th Cir. 1973). Consequently, the sole issue presented on appeal is whether, as a matter of law, the Union’s conduct was so perfunctory as to be a breach of its duty of fair representation.

We note that a union is allowed considerable latitude in its representation of employees. The grievance and arbitration process is not conducted in a judicial forum and union representatives are not held to strict standards of trial advocacy. Findley v. Jones Motor Freight, 639 F.2d 953, 958 (3d Cir. 1981); Grovner, 625 F.2d at 1290. Cases are uniform in holding that neither 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. 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). The union is accorded a “wide range of reasonableness” in the exercise of its discretion, and although it is circumscribed by a duty to act with “complete good faith and honesty of purpose,” Ford Motor Co. v. Huffman, 345 U.S. 330, 338, 73 S.Ct. 681, 686, 97 L.Ed. 1048 (1953), the employee’s burden “remain[s] a substantial one.” Hines, 424 U.S. at 570, 96 S.Ct. at 1059. Nothing less than[*1207] a demonstration that the union acted with reckless disregard for the employee’s rights or was grossly deficient in its conduct will suffice to establish such a claim. See, e.g., Wyatt, 623 F.2d at 891; Robesky, 573 F.2d at 1090. In this context, we believe that a claim that a union acted “perfunctorily” requires a demonstration that the union ignored the grievance, inexplicably failed to take some required step, or gave the grievance merely cursory attention. [3]

The undisputed facts of the present case do not demonstrate such conduct on the part of the Union. The record reveals that the Union provided Harris with a representative to assist with the grievance, that a Joint Committee hearing was requested and held regarding the merits of Harris’ grievance, that the Union representative explained Harris’ grievance to the Joint Committee and spoke in rebuttal to Schwerman’s presentation, that Harris was given an opportunity to speak, and that Harris used that opportunity to further elaborate on the circumstances surrounding his discharge.

In opposition to summary judgment Harris chose to rely on conclusory allegations which suggest that the Union’s representation was either inept or ineffective. Neither criteria is an appropriate standard by which to evaluate a claim of perfunctory conduct. See Freeman v. O’Neal Steel, Inc., 609 F.2d 1123, 1127 (5th Cir.), cert. denied, 449 U.S. 833, 101 S.Ct. 104, 66 L.Ed.2d 39 (1980) (“The union representative is not a lawyer and he cannot be expected to function as one.”); Connally v. Transcon Lines, 583 F.2d 199, 203 (5th Cir. 1978) (although the representation “was not perfect,” it “was not so poor as to deprive the plaintiffs of a fair hearing”). The summary judgment is AFFIRMED.

1

. Counsel for appellant explained during oral argument that Harris requested the sample because he was concerned that waste at the site might contain hazardous substances.

2

. Harris made additional arguments to the District Court in a motion for reconsideration and repeats those arguments on appeal. They were not before the District Court during its consideration of the summary judgment motion and we decline to consider them on appeal. Ari ickes v. Kress & Co., 398 U.S. 144, 157-58 n.16, 90 S.Ct. 1598, 1608-09 n.16, 26 L.Ed.2d 142 (1970); Frank C. Bailey Enterprises, Inc. v. Cargill, Incorp., 582 F.2d 333, 334 (5th Cir. 1978).

3

. Also helpful is the definition offered by the District Court for the Southern District of Georgia: “to do it merely to get through or rid of the matter; as a matter of routine and for form’s sake only, without interest or zeal.” Mitchell v. Hercules Incorp., 410 F.Supp. 560, 568 (S.D.Ga.1976). See also 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) (“without concern or solicitude; indifferent”).