Achilli v. John J. Nissen Baking Co. Book Reviews

Achilli v. John J. Nissen Baking Co. by United States Court of Appeals for the First Circuit Book Summary

BREYER, Chief Judge. On April 4, 1988, John Achilli, a union shop steward and a bakery sales driver at the John J. Nissen Baking Company, told other drivers not to load extra boxes of cream horns (a kind of eclair) that Nissen wanted them to transport. Nissen immediately dismissed Achilli for having violated an anti-wildcat provision in the collective bargaining agreement. Achilli went to arbitration, lost, and then brought this lawsuit against his Local Union (as well as Nissen), claiming that the Local had not represented him properly. See Labor Management Relations Act (""LMRA"") §§ 9(a), 301(a), 29 U.S.C. §§ 159(a), 185(a); Vaca v. Sipes, 386 U.S. 171, 17 L. Ed. 2d 842, 87 S. Ct. 903 (1967). The district court agreed with Achilli that 1) the Local should have told the arbitrators that Achilli, in effect, was following union orders, and 2) had the arbitrators (or Nissen) known this, Achilli probably would have kept his job. The court awarded Achilli damages of $15,000 plus attorneys' fees. The Local and Achilli have filed appeals. We affirm the judgment. I.

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