Legal Opinion · Dissent

Lee v. Rhode Island Council 94, A.F.S.C.M.E., Local 186

Supreme Court of Rhode Island

Decided May 16, 2002No. 2000-368-APPEALPublished

1DissentFlanders, Justice

Respectfully disagreeing with my colleagues, I would hold that the Board of Review of the Department of Employment and Training’s (DET) denial of unemployment compensation to this plaintiff, based upon her record of “proved misconduct” as a municipal employee, see G.L.1956 § 28-44-18 (providing that “[a]n individual who has been discharged for proved misconduct connected with his or her work” is ineligible for unemployment-compensation benefits), collaterally es-topped her from pursuing a wrongful-discharge claim via arbitration and, thus, from suing her union for an alleged breach of its…

2Cases cited28 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  3. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
  4. United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
  5. University of Tennessee v. ElliottSupreme Court of the United States · 1986

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