Employee's Breach of Collective Bargaining Agreement Suit Barred by Failure to Exhaust Internal Union Remedies: Sixth Circuit | Practical Law
In Chapman v. UAW Local 1005, the US Court of Appeals for the Sixth Circuit Court held, en banc, that a union-represented employee must exhaust internal union processes to appeal his union's decision not to file a grievance on his behalf before he can bring a hybrid lawsuit under Section 301 of the Labor Management Relations Act (LMRA) alleging his union breached its duty of fair representation (DFR) and his employer breached the applicable collective bargaining agreement (CBA). The Sixth Circuit expressly overruled its 1999 decision in Williams v. Molpus, which excused employees from exhausting their union's internal appeals processes before suing the union and employer, explaining that the case was based on a misunderstanding of Supreme Court precedent.