Originally from Dispute Resolution Journal

Employees may bring suits against their employers for a breach of the collective bargaining agreement under Section 301 (a) of the Labor-Management Relations Act. Before doing so, however, they must prove that they have attempted to use the grievance procedure contained in their collective bargaining agreement or that there is an acceptable reason for their failure to do so. Among the excuses considered by the courts is the demonstrable futility of such an attempt and the parties' repudiation of contract remedies.

In addition to discussing the reasoning of the courts on these issues, the author looks at the relationship of the exhaustion requirement to a union's breach of its duty of fair representation and the use of intraunion remedies.