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Union has authority to settle case, despite grievant?s objection

Union has authority to settle case, despite grievant?s objection
Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/
Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.
Ramos v. Tacoma Community College, ___F.3d___, 2008 WL 5341855 (9th Cir. 2008)

Ramos is a relatively short decision that I bring to your attention because it demonstrates a fundamental principal of labor law.

A settlement agreement had released the community college and its officials from all claims. The union had entered into this agreement on behalf of the plaintiff.

The agreement was a result of the instructor?s termination from employment.

The court held that the union had the authority to enter into such an agreement. Presumably, there were not any statutory rights involved and the agreement waived the right of the grievant to arbitrate his discharge. Though this decision is not particularly well written, the principal of law it demonstrates is.

Unions generally own the grievance and arbitration process and an individual generally has no right to arbitrate his discharge absent union approval. Therefore, unions can also settle such cases.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on March 19, 2009 (boomark / email).