Worker attempting to negotiate terms of re-hire is not union member
Donald Hooks filed unfair labor charges against the Detroit Department of Water And Sewerage and AFSCME Council 25. Hooks had been offered a job by the Department two years after a voluntary resignation. He attempted to negotiate a midnight shift and uniform items, and did not report for work. The Department treated him as a repeat "voluntary quit" and the Union failed to pursue a grievance. The Court held that Hooks was a "mere job applicant" at this stage, and not a member of the Union to whom a duty of representation was owed. Furthermore, having never reported for work, and not having been engaged in union activity, Hooks could not claim his an illegal discharge.