Bredesen v. Detroit Federation of Musicians

In Bredesen v. Detroit Federation of Musicians, 165 F.Supp.2d 647 (2001), the federal District Court of Michigan found that because a union member could recover monetary damages from the union, the internal procedures were adequate and she was required to exhaust them. Upon learning that her male counterparts were being paid at double her rate, the plaintiff sought assistance from her union to increase her pay. Id. at 650. After the union refused, the plaintiff initiated a lawsuit alleging breach of the duty of fair representation and sex discrimination. Id. at 651. The defendant moved for summary judgment, arguing that the plaintiff's claim should be dismissed for failure to exhaust internal union remedies. Id. at 652. Upon review of the union's remedies, it was evident that the union could award money damages for lost compensation plus interest. Id. at 662. Accordingly, the court reasoned that the second factor of the Clayton test was not satisfied and the plaintiff was required to exhaust. Id.