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- Title
INDIVIDUAL EMPLOYEE CANNOT RECOVER FOR ALLEGED WRONGFUL DISCHARGE WHEN GRIEVANCE PROCEDURE HAD NOT BEEN USED.
- Abstract
This article focuses on the court ruling given in Bilinski v. Delco Appliance Division of General Motors Corp. case. Individual employee cannot recover for alleged wrongful discharge when grievance procedure had not been used. In affirming a dismissal of the complaint, the Appellate Division held that "the employee has no individual rights under the contract which he can enforce against the employer, save through the contractual bargaining agent, the union. When a grievance procedure is set up in the collective bargaining contract, and the grievance asserted by the employee is within the scope of that procedure, he cannot maintain an action at law against his employer without alleging that he has attempted to use the contractual method of settlement."
- Subjects
LEGAL judgments; ACTIONS &; defenses (Law); WRONGFUL discharge; GRIEVANCE procedures; LABOR contracts; CONFLICT management
- Publication
Arbitration Journal, 1965, Vol 20, Issue 2, p122
- ISSN
0003-7893
- Publication type
Article