L'Hoste v. United States

How later courts describe this case

• defendant’s stock interest in his company ordered forfeited due to use of company to secure government contracts through illegal kickbacks
• issue not core-central to litigation because jury could have reached same result even if properly instructed
• “Because we find that the union’s [conduct] was not a breach of its duty of fair representation, we need not decide whether the [employer breached] the employment contract.”
• A union did not breach its duty of fair representation by informing an employee that his grievance had been rejected by an arbitrator, when in fact it had been withdrawn
• “The use of the ‘preponderance of evidence’ standard is the traditional standard in civil and administrative proceedings. It is the one contemplated by the APA”