DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
221303P.pdf 03/24/2023 Matthew Nagel v. United Food and Com. Workers
U.S. Court of Appeals Case No: 22-1303
and No: 22-1330
U.S. District Court for the District of Minnesota
[PUBLISHED] [Stras, Author, with Smith, Chief Judge, and Benton, Circuit
Judge]
Civil case - Labor law. In this action plaintiff, a member of the
defendant union, sued it for breach of its duty of fair representation
after the union negotiated and the membership passed a new collective
bargaining agreement; plaintiff alleged the union failed to reveal all of
the provisions of the new agreement; even assuming plaintiff is right, he
must still establish a causal link between the union's bad faith and his
injuries; to meet his burden, plaintiff must show that the vote to ratify
would have been different if the union had discussed the provision at
issue; here, the new CBA passed by a 119-vote margin out of the 337 total
votes cast, and plaintiff could only produce 9 members who claimed they
would have changed their vote with the additional information; on this
record, no reasonable jury could conclude that the union's alleged
bad-faith conduct was the but-for cause of the ratification of the CBA.