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Paper, Allied, Chemical & Energy Workers International Union, Local 5-508 v. Slurry Explosive Corp.

D. Kan.July 28, 2000No. Civ.A. 99-2038-CMCited 10 times
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Case Details

Judge(s)
Murguia
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
summary judgment
State
Kansas

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of ContractWrongful Termination

Outcome

Court granted defendant's motion in part and plaintiff's motion in part. Defendant prevailed on its counterclaim that plaintiff breached a verbal agreement not to assert Buzard was an employee under the 1997 CBA, but plaintiff prevailed on its claim to compel arbitration of the grievance regarding Buzard's discharge.

What This Ruling Means

**Union vs. Slurry Explosive Corp: Mixed Ruling on Employee Status and Arbitration** This case involved a dispute between a union and Slurry Explosive Corp over whether a worker named Buzard was covered by their collective bargaining agreement and whether his termination was proper. The union argued that Buzard was an employee under their 1997 contract and filed a grievance when he was fired. The company disagreed, claiming the union had previously agreed that Buzard wasn't covered by the union contract. The court issued a split decision. The company won on one issue - the court found that the union had indeed made a verbal agreement that Buzard wasn't an employee under the 1997 contract, so the union broke that agreement. However, the union won on the main issue - the court ordered that the dispute over Buzard's firing must go to arbitration as called for in their contract. **What this means for workers:** Even when there are disagreements about whether someone is covered by a union contract, workers may still have the right to have their termination disputes heard through arbitration rather than being dismissed outright. This shows the importance of arbitration procedures in union contracts for protecting workers' rights to fair hearings.

This summary was generated to explain the ruling in plain English and is not legal advice.

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