5th Circuit Finds No Bad Faith When Union Delayed, Stopped Grievance Process

Mealey's (October 11, 2018, 11:37 AM EDT) -- NEW ORLEANS — A union that investigated a member’s grievance for two years, made several requests to mediate with the employer and then delayed arbitration before ultimately deciding not to pursue the arbitration did not act arbitrarily or in bad faith, a Fifth Circuit U.S. Court of Appeals panel ruled Oct. 2, finding that there were “good-faith” reasons for the delay and that union members don’t have an “absolute right” to have the union take their grievances to arbitration (George W. Davis, IV v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied, Industrial and Service Workers International Union, Local Number 13-423, No. 18-40259, 5th Cir., 2018 U.S. App. LEXIS 27905)....