U.S.A.7 UNITED STATES OF AMERICA

U.S.A.7 UNITED STATES OF AMERICA Employee not allowed to participate in arbitration challenging his dismissal HEADNOTES Facts An employee was accused of assaulting a co-worker at the co-worker's home because the victim of the attack allegedly had reported on-the-job misconduct by some employees. The mutual employer, a railroad, held an investigative hearing, at which, upon advice of his lawyer, the accused worker declined to testify because he was facing criminal charges. The railroad dismissed the worker after its hearing and the Union presented his appeal to an arbitration tribunal. However, the union did not permit the worker to testify at the arbitral hearing nor offer any arguments not pre- sented at the employer's investigative proceeding. The arbitral tribunal upheld the dismissal. The employee brought suit to challenge that award. Decision Arbitration boards established by statute to resolve grievances under collectively bargained agreements in the railroad industry are constitutionally required to conduct fair proceedings. That requirement includes sufficient notice to the grieving employee about the hearing and his rights in relation to it. However, if the employee receives insufficient notice from the union, the employee's remedy is against the union for breach of the duty of fair representation. The union's failure to provide sufficient http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Martinus Nijhoff
Copyright
Copyright 1993 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
D.O.I.
10.1163/221160294X00625
Publisher site
See Article on Publisher Site

Abstract

Employee not allowed to participate in arbitration challenging his dismissal HEADNOTES Facts An employee was accused of assaulting a co-worker at the co-worker's home because the victim of the attack allegedly had reported on-the-job misconduct by some employees. The mutual employer, a railroad, held an investigative hearing, at which, upon advice of his lawyer, the accused worker declined to testify because he was facing criminal charges. The railroad dismissed the worker after its hearing and the Union presented his appeal to an arbitration tribunal. However, the union did not permit the worker to testify at the arbitral hearing nor offer any arguments not pre- sented at the employer's investigative proceeding. The arbitral tribunal upheld the dismissal. The employee brought suit to challenge that award. Decision Arbitration boards established by statute to resolve grievances under collectively bargained agreements in the railroad industry are constitutionally required to conduct fair proceedings. That requirement includes sufficient notice to the grieving employee about the hearing and his rights in relation to it. However, if the employee receives insufficient notice from the union, the employee's remedy is against the union for breach of the duty of fair representation. The union's failure to provide sufficient

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 1993

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