Carnock v. City of Decatur

In November 1992, plaintiff, Charles Carnock, filed suit against defendant, City of Decatur, seeking to recover an underpayment for unused sick days he accumulated prior to retiring. The trial court dismissed the action on defendant’s motion for plaintiff’s failure to exhaust the grievance procedure provided in the collective-bargaining agreement prior to filing suit. Plaintiff appeals, arguing that (1) his claim was not a “grievance,” as the collective-bargaining agreement defined that term, and therefore exhaustion of the grievance procedure was not required; and (2) even if his claim was a…