Peterson v. Kennedy and NFLPA
United States Court of Appeals for the Ninth Circuit
771 F.2d 1244 (1985)
After James Peterson (plaintiff), a Buccaneers player entitled to injury-related salary under his contract, was cut from the team, his agent was wrongly told by NFLPA representative Harold Kennedy (defendant) to file an "injury grievance" rather than the correct "non-injury" grievance; by the time the mistake was corrected, Peterson's claim was time-barred. Peterson sued the NFLPA and Kennedy for breach of the duty of fair representation, and a jury found for him, but the district court granted the union's motion for judgment notwithstanding the verdict, holding that mere negligence did not violate that duty.
Whether the National Football League Players Association's failure to timely submit a member's grievance is arbitrary, discriminatory, or in bad faith, and thus a breach of the duty of fair representation.