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· 9/14/2023

ACE American Insurance Company v. Guaranteed Rate, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the breach must “seriously undermine[] the integrity of the arbitral process” to overcome the finality of a CBA’s binding grievance procedure
  • holding that a plaintiff may only obtain judicial relief by demonstrating that the union breached its duty to represent her fairly and that the company breached the collective bargaining agreement
  • indicating that it would be injustice of the grossest sort to let erroneous arbitration decisions stand even though the union’s representation had been dishonest, in bad faith, or discriminatory
  • noting that \breach of the duty of fair representation is not established merely by proof that the underlying grievance was meritorious\
  • noting that “breach of the duty of fair representation is not established merely by proof that the underlying grievance was meritorious”
  • holding unless plaintiff can prove breach of union’s duty of fair representation, “finality” rule of Republic Steel Corp. v. Maddox, 379 U.S. 650, 85 S.Ct. 614, 13 L.Ed.2d 580 (1965) precludes relit-igation of plaintiffs grievance

Source: CourtListener parenthetical corpus (CC0).

Judges: Seitz C.J.

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.