171 F. Supp. 782 (D. Md. 1959) Cited 50 times
In Ostrofsky v. United Steelworkers of America, 171 F. Supp. 782 (D.C.Md. 1959), aff'd 273 F.2d 614 (4th Cir. 1960), where an employee sued his employer and union, the court, applying the reasoning in Jenkins v. Wm. Schluderberg — T. J. Kurdle Co., supra, held that an employee could not sue his employer unless the union acted arbitrarily or in a discriminatory manner and thereby breached its duty of fair representation.