MATTHEW PETTY v. MAYOR AND CITY COUNCIL OF BALTIMORE CITY, et al.
Maryland Court of Special Appeals, Thieme, March 28, 2017,
Breach of Contract – Union Representation – A member of the city fire union couldn’t sue the union for failure to represent him fairly where he never filed a grievance in which the union could represent him.

Facts
Petty was a member of the Baltimore City Fire Department and IAFF union member at the time that his employment was terminated. Reasons given for termination included an injury to his hand that made him incapable of working and the fact that he had run out of paid leave and had to return to work, resign, or file a grievance (which he did not do).
Petty then filed lawsuits against the City, the Union, and various members of the Fire Department.
These suits were based on: Intentional Infliction of Emotional Distress, Interference with Contract, Negligence, and Breach of Contract.

Law from the Case
Held: Because Petty didn’t exhaust his administrative remedies by filing a grievance as required by his union MOU, his lawsuit was dismissed (MSJ granted).
Union Breach of Duty – A law suit against a union is based on the theory of breach of the duty of fair representation.
Union Breach of Duty – This theory is “based on the member’s claim that the union had, without good cause or reason, refused to take to arbitration the member’s grievance against his employer.”
Union Breach of Duty – A union is required to:
1) serve all of its members without hostility or discrimination;
2) exercise its discretion with good faith and honesty; and
3) avoid arbitrary conduct.
Union Breach of Duty – Before the Union has any duty to represent a member in a grievance hearing, however, the member must file a grievance