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
International Labour Law Reports Online – Brill
Published: Jan 1, 1993
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 12 million articles from more than
10,000 peer-reviewed journals.
All for just $49/month
Read as many articles as you need. Full articles with original layout, charts and figures. Read online, from anywhere.
Keep up with your field with Personalized Recommendations and Follow Journals to get automatic updates.
It’s easy to organize your research with our built-in tools.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera