Thomas Schramm v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC, aka United Steel Workers, aka USW

Petitioner Tom Schramm, a 30-year member of the United Steelworkers union (USW), was fired based on false rumors. Although wholly innocent, the USW accepted the company’s version of events at face value and did not interview Schramm, otherwise investigate, or even file a step one grievance. The Sixth Circuit affirmed summary judgment for the USW, giving deference to the union’s decision in reliance on Air Line Pilots v. O’Neill. Four other circuits follow this approach; four do not (three are unclear). The questions presented are:

1. Whether the same standards for determining a breach of the duty of fair representation in contract negotiations should be imposed upon unions for individual discharge and grievance cases.

2. Whether the duty of fair representation requires a union’s decision-making to be based on objective competent evidence, or whether the union may decline to pursue a meritorious grievance for unjust discharge based on subjective information and belief.