Author Question: May an individual employee compel his union to progress his grievance to arbitration when the ... (Read 128 times)

javeds

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May an individual employee compel his union to progress his grievance to arbitration when the employee is convinced that he has been wrongfully terminated?

Question 2

The agreement between Bob and Cathy says nothing about assignment. May Bob assign his claim to Hardknuckle?
 a. Bob may assign his claim but only with Cathy's agreement.
  b. Bob may assign his claim, but only if Cathy and Hardknuckle agree.
  c. Bob may assign his claim without Cathy's agreement.
  d. Bob may assign his claim but Cathy may nullify the assignment.
  e. Bob may not assign his claim because it violates public policy.



Chou

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Answer to Question 1

No. An individual union member has no right to compel his union to progress his grievance to arbitration. The union can settle the grievance or determine not to progress the grievance to a higher step when it acts honestly and in good faith. In most cases, where an employee has been terminated from his or her job, the union does in fact take the case to arbitration even though in some instances the case may be weak. They do so out of a sense of justice to give the member his or her day in court, and sometimes they are partially motivated to do so in order not to be sued.

Answer to Question 2

.C



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