Is ignorance of the appeals procedure an excuse for an employee's failure to exhaust internal union remedies?

MultiRegion, United States of America

The following excerpt is from Fristoe v. Reynolds Metals Co., 615 F.2d 1209 (9th Cir. 1980):

An employee's ignorance of the appeals procedure does not generally excuse his failure to exhaust internal union remedies, even if the union failed to inform him of the possibility.

In Newgent v. Modine Mfg. Co., 495 F.2d 919 (7th Cir. 1974), the court concluded:

Other Questions


Can an employer argue failure to exhaust internal union remedies as a defense in a wrongful discharge action? (MultiRegion, United States of America)
If a prisoner has exhausted his administrative remedies when he receives a decision from the Court of Appeal at the third level of review, can he bypass the process by bypassing a level of appeal? (MultiRegion, United States of America)
Does the total number of nonunion employees in a public sector unionized company exceed the number of unionized employees? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
When a statute or agency rule demands exhaustion of administrative remedies, does the federal court have jurisdiction to order the exhaustion of remedies? (MultiRegion, United States of America)
Is a motion to dismiss based on a prisoner's failure to exhaust administrative remedies properly the subject of a motion under Federal Rule of Civil Procedure 12(b)? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
Can an employer use extortion to replace a non-unionized employee with a unionized employee? (MultiRegion, United States of America)
Does a failure to exhaust intraunion remedies bar a plaintiff from seeking an intraunion remedy? (MultiRegion, United States of America)
Is a motion to dismiss based on a prisoner's failure to exhaust administrative remedies properly a motion under Federal Rule of Civil Procedure 12(b)? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.