Section 13 Smith v. Hussmann Refrigerator Co.

• Library: Emp-Emp Law 2000

An important but confusing case in the fair representation area is Smith v. Hussmann Refrigerator Co., 619 F.2d 1229 (8^th Cir. 1980). This case involved a seniority grievance by senior employees concerning the failure of the company to award them job bids. The grievance was arbitrated, and the arbitrator ruled against the more senior employees. The union then, without consulting the junior employees, agreed with the company to approach the arbitrator to obtain a “clarification” of the arbitrator’s opinion. The resulting clarification was detrimental to the interests of the junior employees. In upholding a jury verdict in favor of the junior employees, the Eighth Circuit held that there was sufficient evidence from which the jury could find a breach of the duty of fair representation. Any attempt to make any generalizations about the holdings in Smith is difficult because its facts are...