Holding that employees can challenge final decision of arbitrator only if they "prove . . . the Union's breach of duty tainting the decision of the [arbitrator]"
Holding that a plaintiff first must establish that the union breached its duty of fair representation before a court may consider evidence of an employer's alleged violation of a CBA
396 U.S. 258 (1969) Cited 184 times 1 Legal Analyses
Holding that the NLRB "is not required to place the consequences of its own delay, even if inordinate, upon wronged employees to the benefit of wrongdoing employers."
In Leeds Northrup Co. v. NLRB, 391 F.2d 874 (3rd Cir. 1968), the Third Circuit enforced the Board's order requiring the company to grant backpay to union employees based on a prior compensation formula where the company had unilaterally altered the formula in violation of its duty to bargain.
In NLRB v. Eldorado Mgf. Corp., 660 F.2d 1207 (7th Cir. 1981), the Seventh Circuit refused to enforce the Board's reinstatement order, where the discharges were justified by previously tolerated employee misconduct.