Bowen v. United States Postal Service

Justice White, with whom Justice Marshall, Justice Blackmun, and Justice Rehnquist (except as to Part IV) join,

concurring in the judgment in part and dissenting in part.

The Court holds that an employer who wrongfully discharges an employee protected by a collective-bargaining agreement with an arbitration clause is only responsible for backpay that accrues prior to the hypothetical date upon which an arbitrator would have issued an award had the employee’s union taken the matter to arbitration. All backpay damages that accrue after this time are the sole responsibil*231ity of the union, even…