Nyhart v. U.A.W. International, et al.

An employee of General Motors who is also a member of the auto workers’ union went on medical leave due to problems with his back.  He eventually returned to “light duty” and was denied an opportunity to work overtime.  He requested that his union file grievances regarding the overtime pay, as well as a bonus he did not receive and three weeks worth of pay he did not receive.  The union did not file the grievances; Nyhart sued the union, alleging that it did so because of his disability.  The union sought summary judgment, arguing that Nyhart failed to exhaust his contractual and internal union remedies.  The District Court denied the motion for summary judgment, ruling that there is a genuine issue of material fact as to when the allegedly discriminatory conduct occurred.

170 F. Supp. 2d 1135, 2001 U.S. Dist. LEXIS 20872 (U.S.D.C., D. Kan. 2001).