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"
In National Labor Relations Bd. v. Postal Workers (C.A.8, 1980), 618 F.2d 1249, 1255, the Eighth Circuit held that "`[a]rbitrary conduct alone may suffice to establish a violation of the duty of fair representation' but that `[m]ere negligence, poor judgment or ineptitude are insufficient to establish a breach of the duty of fair representation.'"
In Ciba-Geigy Pharmaceuticals Division v. NLRB, 722 F.2d 1120 (3d Cir. 1983), the court rejected an argument that an "extracontractual residual rights" theory allowed imposition of attendance rules.