386 U.S. 171 (1967) Cited 4,209 times 2 Legal Analyses
Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"
401 U.S. 424 (1971) Cited 2,779 times 35 Legal Analyses
Holding that § 703(h) does not protect use of testing requirements with a disparate impact on racial minorities where the tests were not shown to be related to job performance
Holding that the union did not breach its duty of fair representation in negotiating a deal which favored some members of the same bargaining unit over others
Holding that a labor organization must represent all members of a "craft or class of employees . . . regardless of their union affiliations or want of them"
397 U.S. 99 (1970) Cited 222 times 2 Legal Analyses
Holding that the NLRB is "without power to compel a company or a union to agree to any substantive contractual provision of a collective-bargaining agreement."
In Jenkins, we held that the named plaintiff's acceptance of a promotion, subsequent to the filing of a complaint alleging racial discrimination in the company's promotional system, moots neither the individual claim nor that of the class. If an employer could negate an employee's standing to challenge discriminatory employment practices by the simple expedient of offering him unilaterally the relief he seeks for the class, the individual-initiated enforcement structure of Title VII would be seriously jeopardized.