Anchorage Police Department Employees Association v. Feichtinger

Eric Feichtinger (plaintiff) was terminated from his job as a police officer with the Anchorage Police Department for alleged criminal activity. A collective-bargaining agreement (CBA) between the Anchorage Police Department Employees Association (the union) (defendant) and the city of Anchorage authorized an employee to pursue arbitration without union representation if the union declined to pursue the grievance. The union chose not to accept Feichtinger’s grievance, even after he was acquitted of all criminal charges. At the outset of arbitration, Feichtinger asked for a postponement until he could bring legal action against the union in order to obtain resources for an attorney. The arbitrator declined, Feichtinger walked out of the hearing, and the arbitration proceeded without him. Feichtinger then filed a pro se brief with the arbitrator. After his discharge was upheld, Feichtinger brought an action in state court against the municipality of Anchorage, the state of Alaska, various officials, the arbitrator, and the union. All defendants except the union were dismissed. The union filed a motion for summary judgment on the grounds that the arbitrator’s finding of just cause for the termination precluded further litigation of the issue and that the record showed the union did not breach its duty. The trial court denied the motion. The union appealed.