SOUTHERN CAPITAL CORP.
v.
SOUTHERN PACIFIC CO. ET AL.

U.S. | 1978-05-30
No. 77-1446
436 U.S. 927 Supreme Court of the United States (1978) Positive Treatment
Cited by 5 cases

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  • Harley McLAIN v. Meier, 637 F.2d 1159 (8th Cir. 1980)
    …ballot was designed to favor major parties); Clough v. Guzzi, supra, 416 F.Supp. 1057 (plaintiff failed to prove a substantial advantage in first ballot position alone); Ulland v. Growe, 262 N.W. 2d 412 (Minn.), cert. denied sub nom. Berg v. Growe, 436 U.S. 927, 98 S.Ct. 2822, 56 L.Ed.2d 770 (1978) (expert testimony was inconclusive as to advantage of placing party candidates ahead of independents and positional bias was justifiable under rational basis standard). C. The “Independent Column” Statute: N.D.…
  • Early v. Eastern Transfer, 699 F.2d 552 (1st Cir. 1983)
    …less clear. Griffiths was not alleged ever to have expressed hostility towards the Earlys.4 See Melendy v. United States [*556] Postal Service, 589 F. 2d 256, 259 & n. 3 (7th Cir.) (upholding grant of summary judgment for defendants), cert. denied, 436 U.S. 927, 98 S.Ct. 2821, 56 L.Ed.2d 770 (1978). But even assuming, without deciding, that animosity on Griffiths’s part could be inferred from the Earlys’ provocations, this would not, standing alone, establish a breach of the duty of fair representation.…
  • Freeman v. O'Neal Steel, Inc., 609 F.2d 1123 (5th Cir. 1980)
    …processing of a grievance which it determines in good faith to be meritless, and to settle disputes with the employer short of arbitration.” (emphasis added) See also Melendy v. United States Postal Service, 589 F. 2d 256 (7th Cir.), cert, denied, 436 U.S. 927, 98 S.Ct. 2821, 56 L.Ed.2d 770 (1978) and Buchanan v. NLRB, 597 F. 2d 388 (4th Cir. 1979). . The trial court ignored the fact that when appellee was discharged in 1971 for refusing to work overtime, Caldwell handled his grievance. The arbitrator th…
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