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KO - A tough spot to be in
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[QUOTE="BlueDogs, post: 2624873, member: 891"] You need to start with Article 10 of KO's contract (specifically Section 10.1 (d) and (e) which incorporates by reference the collective bargaining agreement grievance provisions in a "just cause" termination. 10.6 uses a permissive ("may") in regards to the union going to arbitration. The problem is the grievance process in KO's contract is a personal contract right and I don't think the union can prempt or deny him the exercise of his right to recourse for a contract breach. I suppose it could be a bifurcated inquiry where the issue of "just cause" is arbitrated and the decision becomes dispositive on the issue of contract breach. But, an arbiter could decide to render an award on the whole matter (which I've seen before and the court will defer to the scope of the arbiter's jurisdictional determination unless there is express language limiting scope of what may be considered in controversy). The issue in my mind is both lawyers made a mess in different areas and it was not thought through very well.... [/QUOTE]
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KO - A tough spot to be in
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