NCJ Number
100618
Journal
Labor Law Journal Volume: 36 Issue: 5 Dated: (May 1985) Pages: 307-312
Date Published
1985
Length
6 pages
Annotation
Until recently, courts have held that a bargaining unit member covered by a labor agreement could not pursue an action for wrongful discharge, but, instead, was relegated to seek redress under the existing grievance machinery.
Abstract
A number of recent decisions, however, have permitted unionized employees to file actions for wrongful discharge. As such actions evolve, unionized workers will examine with increasing frequency whether a remedy is most appropriately pursued in arbitration, in court, or consecutively or concurrently in both forums. Employees who sue may recover lost wages, compensatory damages, and even punitive damages. In arbitration, the relief accorded improperly discharged employees is usually reinstatement with full, partial, or no back pay. While arbitration is less expensive and quicker, its use may diminish if courts continue to allow employees to sue under tort or State law theories. 18 footnotes.