MACK RUNDEL, APPELLANT,
v.
CAMPBELL "66" EXPRESS, INC., AND HIGHWAY, CITY AND AIR FREIGHT DRIVERS, DOCKMEN AND HELPERS LOCAL UNION NO. 600, APPELLEES

8th Cir. | 1981-06-30
No. 81-1066
653 F.2d 314 United States Court of Appeals for the Eighth Circuit (1981)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the jury's verdict was supported by substantial evidence and would not be reversed.


Facts & Procedural History

Plaintiff, a truck driver, was discharged by his employer for delay of freight and filed grievances. After the grievances were denied, he sued for wro…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Plaintiff Mack Rundel appeals, pro se, from a jury verdict in favor of defendants Campbell “66” Express, Inc. (Campbell) and Highway, City and Air Freight Drivers, Dockmen and Helpers Local Union No. 600 (union). This action arose out of a labor dispute between Campbell and Rundel. Rundel was employed by Campbell as a truck driver and engaged primarily in over the road driving.

On December 12, 1977, Rundel was discharged by Campbell for delay of freight. Rundel had been discharged twice previously on August 2, 1977, and November 17, 1977. Each time he filed a grievance with the union against Campbell for wrongful discharge. In each instance he was reinstated without back pay. Rundel initiated a third grievance after the December discharge. He contended that Campbell’s discharge violated the collective bargaining agreement between Campbell and the union. Rundel’s grievance was presented to a grievance committee in keeping with the terms of the collective bargaining agreement. Rundel was represented at the proceeding by the union’s business representative. The grievance was denied and Rundel subsequently requested that the proceeding be reopened so that he might submit new evidence to the committee.

On March 9, 1978, a rehearing was held and Rundel, again accompanied by the union business representative, was permitted to introduce further evidence. The committee unanimously reaffirmed its previous decision denying the grievance.

Rundel then brought this action under the Labor Management Relations Act against Campbell and the union alleging that Campbell discharged him in violation of the collective bargaining agreement and that the union breached its duty of fair representation. A jury trial was had and the jury returned a verdict against Rundel.

A reading of Rundel’s pro se brief discloses that his sole contention on appeal is that the evidence in this case is insufficient to support the jury verdict in favor of Camp bell and the union. The standard of review in such circumstances is clear. This court “will not reverse a jury’s determination of a fact question where such determination is supported by substantial evidence, nor will we substitute our judgment for that of the finder of facts, whether it be judge or jury.” Leathers v. United States, 471 F. 2d 856, 858 (8th Cir. 1971). A review of the record here reveals ample evidence which supports the jury verdict. The judgment is hereby affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw