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- Title
LABOR -- WRONGFUL DISCHARGE -- FINALITY -- SCOPE OF JUDICIAL REVIEW.
- Abstract
The article evaluates a court decision related to the issues of finality and the scope of judicial review. In the court case entitled "Walsh v. Union Pacific Railroad Co.," the trial court erred in setting aside an award that reinstated an employee without back pay and in entering judgment against the employer for back-pay benefits. Union Pacific Railroad terminated Walsh for failing to comply with a provision in the collective bargaining agreement governing leaves of absence. The labor union demanded a post-termination hearing pursuant to the collective bargaining agreement, and the railroad refused. The parties subsequently agreed to submit the dispute to the Public Law Board for arbitration. An award was rendered ordering Walsh's reinstatement without back pay or benefits. Walsh then filed a complaint for wrongful discharge against the railroad and against the union seeking recovery for breach of the duty of fair representation. The district court set aside the award and entered judgment for $130,253 in back pay, ruling that the award was unenforceable since it failed to draw its essence from the collective bargaining agreement.
- Subjects
DISMISSAL of employees; UNION Pacific Railroad Co. Inc.; WRONGFUL discharge; LEGAL judgments; COLLECTIVE labor agreements; LABOR laws; ACTIONS &; defenses (Law)
- Publication
Arbitration Journal, 1987, Vol 42, Issue 2, p71
- ISSN
0003-7893
- Publication type
Article