Author Question: If a union arbitrarily refuses to progress a member's grievance to arbitration, what legal recourse ... (Read 92 times)

TVarnum · **on:** Jun 24, 2018

If a union arbitrarily refuses to progress a member's grievance to arbitration, what legal recourse is available to the member?

Question 2

An example of true impossibility is
a. Strict performance
b. Failure of condition
c. Illegality
d. Material breach
e. Consequential interest

duke02 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

If a union arbitrarily refuses to progress a member's grievance to arbitration, the member may bring a Section 301 DFR lawsuit against the employer and the union for wrongful termination under the collective bargaining contract. The Court in Vaca gave examples of instances of breach of duty such as if the union had ignored Owens' complaint or had it processed in a perfunctory manner.

Answer to Question 2

.C