Union Can Arbitrate Grievance Despite Death, 8th Circ. Says

Law360, New York (August 28, 2012, 5:57 PM EDT) -- The Eighth Circuit ruled Tuesday that a union could force arbitration of an employee's claims that he was terminated without just cause, even if the fired worker had since died.

Reversing a lower court's decision to dismiss a case brought by the Sheet Metal Workers Local Number 2, a three-judge panel said a collective bargaining agreement between the union and Silgan Containers Manufacturing Corp. that contains an arbitration provision could be enforced to settle a grievance initially brought on behalf of Joshua Stracener. The company fired...
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