Can an employer argue failure to exhaust internal union remedies as a defense in a wrongful discharge action?
MultiRegion, United States of America
The following excerpt is from Retana v. Apartment, Motel, Hotel & El. Op. U., Loc. No. 14, 453 F.2d 1018 (9th Cir. 1972):
16 Failure to exhaust internal union remedies could not be urged by the employer as a defense in a suit by the employee for wrongful discharge. Brady v. TWA, 401 F.2d 87, 102 (3d Cir. 1968).
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