- Charged union with not fairly representing workers for not pursuing claims against employer.
- Breach of duty to provide zealous/fair representation.
- Pulled duty of fair representation from case law, not statute.
- Remedy desired: money.
- Usually legal, but how come not equitable in this case? Why not restitution?
- Should be jury trial or not?
- This does satisfy requirement for a suit at common law and thus a jury is required.
- Two part test (the Terry test):
- 1. Nature of claim.
- 2. Kind of remedy or relief requested.
- Congress can always provide a jury trial, but cannot remove right to a jury trial.
- Thus 7th Amendment is a floor not a ceiling.
7th Amendment: Right to a Jury (Law vs. Equity)
Chauffeurs, Teamsters & Helpers v. Terry