Donajkowski v. Alpena Power Co.

The majority has erred by holding that an employer, sued for discrimination under a collective bargaining agreement, may seek contribution from the union that negotiated the agree*265ment. The majority’s response unfortunately misrepresents my position, inter alia, by stating, “the dissent would hold that a union may conspire to discriminate on the basis of sex, and, when called to account at the bar of justice for its role in that conspiracy by the others charged, escape liability.” Ante at 254. It goes almost without saying that plaintiffs are entitled to file a discrimination claim against…