Can an arbitration decision be entered into a wrongful discharge action?

MultiRegion, United States of America

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.

Other Questions


Does a clause in an arbitration agreement that "delegates to the arbitrators the authority to determine any of the provisions of the arbitration clause" constitute an agreement to arbitrate threshold issues? (MultiRegion, United States of America)
What is the test for a union to appeal against a unionized employer's decision to refuse to accept an arbitration decision? (MultiRegion, United States of America)
What is the effect of the Minister’s decision to refuse to grant a conditional discharge from the Court of Arbitration for S.LII 24 (SCC) to Maple Lodge Farms? (Canada (Federal), Canada)
Is a Minister of Justice's decision not to grant a conditional discharge of an application for an interim discharge from the Court of Appeal? (Canada (Federal), Canada)
Can an employer argue failure to exhaust internal union remedies as a defense in a wrongful discharge action? (MultiRegion, United States of America)
Does wrongful demotion constitute a cause of action for constructive discharge? (MultiRegion, United States of America)
Can a plaintiff bring a constructive discharge claim against her employer for breach of contract, constructive discharge and wrongful dismissal? (MultiRegion, United States of America)
What is the test for a cause of action for wrongful discharge under the LMRA? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Is a wrongful death a cause of action for personal injury to the beneficiary of the action? ("New York", United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.