Section 4 Exhaustion of Remedies

• Library: Employer-Employee Law 2008

A plaintiff must exhaust any remedies available under the labor contract before bringing suit. Jones v. United Parcel Serv., Inc.,
461 F.3d 982, 994 (8^th Cir. 2006); Waldron v. Boeing Co., 388 F.3d 591, 594 (8^th Cir. 2004). Accordingly, the plaintiff typically has to ask the union to file and pursue a grievance—the usual means of remedying an employer’s breach of a collective bargaining agreement. The exhaustion-of-remedies obligation is subject to a futility exception if the union refuses to accept or act...