Legal Opinion
Tarlochan Sidhu v. The Flecto Company, Inc.
Court of Appeals for the Ninth Circuit
Decided February 5, 2002No. 00-15567PublishedCited by 69 opinions
1Opinion of the Court
OPINION
RAWLINSON, Circuit Judge.
The question before us is whether an employer may refuse to arbitrate a grievance, and later use that refusal to support a claim that the employee has failed to exhaust his arbitral remedies. The answer is no. We hold that when an employer refuses to arbitrate, its action constitutes a repudiation of the collective bargaining agreement as to that grievance.
Background
Appellant Tarlochan Sidhu (“Sidhu”) appeals the district court’s dismissal of his suit filed under § 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185(c), alleging breach of the…
2Cases cited10 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- Hydranautics v. Filmtec Corporation, OpinionCourt of Appeals for the Ninth Circuit · 2000
- Robert Ellingson, Jr. v. Burlington Northern, Inc., Dba Burlington Northern Railway, and Western Pacific Railroad Company, a CorporationCourt of Appeals for the Ninth Circuit · 1981
- Arlyn W. Nordhorn v. Ladish Company, Inc., a Wisconsin Corporation Armco, Inc., an Ohio CorporationCourt of Appeals for the Ninth Circuit · 1993
- Jeanne P. Herman v. United Brotherhood of Carpenters and Joiners of America, Local Union No. 971Court of Appeals for the Ninth Circuit · 1995
5 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Mauricio A. Leon, M.D. v. Idx Systems Corporation, a Vermont Corporation, Mauricio A. Leon, M.D. v. Idx Systems Corporation, a Vermont CorporationCourt of Appeals for the Ninth Circuit · 2006
- Rosemary Garity v. Apwu National Labor Org.Court of Appeals for the Ninth Circuit · 2016
- Kolela Mpoyo v. Litton Electro-Optical SystemsCourt of Appeals for the Ninth Circuit · 2005
- Elaine L. Chao, Secretary of Labor v. A-One Medical Services, Inc. Alternative Rehabilitation Home Healthcare, Inc. Lorraine Black and Hanahn KormanCourt of Appeals for the Ninth Circuit · 2003
- Media Rights Technologies, Inc v. Microsoft CorporationCourt of Appeals for the Ninth Circuit · 2019
64 more not listed; retrieve them via the Exa API.