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''Chauffeurs, Teamsters, and Helpers Local No. 391 v. Terry'', 494 U.S. 558 (1990), was a case in which the United States Supreme Court held that an action by an employee for a breach of a labor union's duty of fair representation entitled him to a jury trial under the Seventh Amendment. ==Facts== McLean Trucking Corporation and the defendant/petitioner union, Chauffeurs, Teamsters, and Helpers Local No. 391, were parties to a collective bargaining agreement which governed employment at McLean. The plaintiffs/respondents in this matter were Union members employed as truck drivers by McLean. In 1982, McLean began to shut down some of its terminals and reorganizing others. The company transferred plaintiffs to its terminal in Winston-Salem, North Carolina, and granted them special seniority rights over inactive employees at that terminal who had been temporarily laid off. After working at Winston-Salem for six weeks, the plaintiffs were alternately laid off and recalled several times. Some of the laid off truckers were stripped of their special seniority rights. The plaintiffs filed a grievance with the union, alleging that McLean had breached the collective bargaining agreement by giving inactive employees preference over them. The grievance committee ordered McLean to recall the plaintiffs and lay off the inactive drivers who had been recalled, and to recognize plaintiffs’ special seniority rights until the inactive employees were recalled properly. McLean obeyed the order of the grievance committee at first, but then recalled the inactive employees, causing them to gain seniority status over the plaintiffs. In the next round of layoffs, this meant that the plaintiffs were laid off first. Plaintiffs then filed another grievance with the union, alleging that McLean’s actions were intended to circumvent the grievance committee’s initial order. But the grievance committee held that McLean had acted legitimately. This pattern of temporary layoffs and recalls continued, prompting plaintiffs to file another grievance, but the Union did not refer the third grievance to a grievance committee, instead ruling that the relevant issues had already been decided. In July 1983, plaintiffs brought suit against both the Union and McLean in the United States District Court for the Middle District of North Carolina, alleging that McLean had violated the collective bargaining agreement in violation of the Labor Management Relations Act, , and alleging that the Union had breached its duty of fair representation. Plaintiffs requested a permanent injunction requiring the defendants to restore their seniority and cease their illegal activity. They further requested compensatory damages for lost wages and health benefits. McLean filed for bankruptcy in 1986, and all the claims against it were voluntarily dismissed. Plaintiffs had requested a jury trial in their pleadings, but the Union moved to strike the demand for a jury trial, on the grounds that the no right to a jury trial exists in a duty of fair representation suit. The District Court denied the defendant’s motion to strike, and the United States Court of Appeals for the Fourth Circuit affirmed, holding that the Seventh Amendment entitled the plaintiffs to a jury trial on their claims for monetary damages. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Chauffeurs, Teamsters, & Helpers Local No. 391 v. Terry」の詳細全文を読む スポンサード リンク
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