The following excerpt is from Mitchell v. United Parcel Service, Inc., 624 F.2d 394 (2nd Cir. 1980):
Regardless of whether an arbitration decision has been entered, the issue in a 301 wrongful discharge action remains whether the employer has breached the collective bargaining contract and whether a union breach of duty contributed to the contractual breach. Hines v. Anchor Motor Freight, Inc., supra, 424 U.S. at 568. The mere fact that an arbitral decision has been rendered during the course of the employee termination process does not convert the character of a 301 action from an action for breach of contract to an action for vacating an arbitration award.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.