Operating Engineers Local Union No. 3 v. Newmont Mining Corp.

**Union Worker's Firing Dispute Must Go to Arbitration** This case involved a union worker at Newmont Mining Corporation who was fired for allegedly falsifying a tool request form. The worker's union, Operating Engineers Local Union No. 3, wanted to challenge the termination through the court system rather than through arbitration (a private dispute resolution process). The court ruled that the dispute must be resolved through arbitration, not in court. The key factor was timing: even though the union's collective bargaining agreement with the company had expired by the time the worker was fired, the alleged misconduct (falsifying the form) happened while the agreement was still active. Since the original collective bargaining agreement required workplace disputes to go through arbitration, that requirement still applied to this case. **What this means for workers:** If you're covered by a union contract that requires arbitration for workplace disputes, that requirement may still apply to your case even after the contract expires—as long as the events leading to your termination happened while the contract was in effect. Workers should understand that arbitration clauses in union agreements can have lasting effects and may limit your ability to take employment disputes directly to court.