Practice point: If a collective bargaining agreement specifies a grievance procedure, a covered employee may not sue the employer directly for breach of the agreement but must proceed, through the union, according to the agreement’s terms.
Practitioners should note that this rule equally applies to employees who challenge their termination based on the employer's alleged breach of the collective bargaining agreement.
Case: Ambrosino v. Village of Bronxville, NY Slip Op 00318 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Res ipsa loquitur.
