(DOWNLOAD) "Sparks v. International Union" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Sparks v. International Union
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 24, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
ALAN E. NORRIS, Circuit Judge. An employee and his union appeal a summary judgment which denied their request to vacate an arbitration award and dismissed the employees "hybrid" action claiming wrongful discharge by his employer, in violation of the collective bargaining agreement and breach of the duty of fair representation by his union, initiated pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. § 185. The district court concluded that the prior decision by the arbitrator left no material fact at issue. The arbitrator had determined that a previous withdrawal of the initial grievance by the union representative was duly authorized and was a final Disposition of any claim for wrongful discharge. The employee asserts on appeal that the substantive issues of the grievance should have been addressed by the trial court because the union admits to breaching its duty of fair representation and an employer may not rely upon a unions breach of duty to avoid liability for a breach of the collective bargaining agreement. The union also appeals the district courts refusal to consider its request for attorneys fees.
 "Sparks v. International Union" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free){kind=link}