Bsharah v. Eltra Corporation
| Decision Date | 17 May 1968 |
| Docket Number | No. 17829.,17829. |
| Citation | 394 F.2d 502 |
| Parties | Jennie BSHARAH, Plaintiff-Appellant, v. ELTRA CORPORATION and International Union, UAW, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Peter L. Moran, Toledo, Ohio, Peppers, Romanoff & Moran, Toledo, Ohio, on brief, for appellant.
John W. Hackett, Jr., Toledo, Ohio, Shumaker, Loop & Kendrick, Toledo, Ohio, Kelley, Drye, Newhall, Maginnes & Warren, Eugene T. D'Ablemont, New York City, on brief, for Eltra Corporation.
Jordan Rossen, Detroit, Mich., Green & Lackey, Toledo, Ohio, Stephen I. Schlossberg, John A. Fillion, Jordan Rossen, Bernard F. Ashe, Michael S. Friedman, Detroit, Mich., on brief, for International Union.
Before PHILLIPS and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.
Appellant, a former employee of the Eltra Corporation, brought an action against the company and International Union, UAW, seeking damages for an alleged breach of her rights under a collective bargaining agreement entered into between the company and the union. The claimed breach of appellant's rights was the refusal of the company to transfer her, upon her request, to a factory in Bay City, Michigan, to which all the operations of the company had been transferred from Toledo, Ohio, where appellant had previously worked. The District Court granted the appellees' motion for summary judgment holding that appellant had failed to follow the contractual grievance procedures with which she was intimately familiar, since her primary duty with the company had been the processing of employee grievances under the collective bargaining agreement. According to the terms of such agreement, it was obligatory upon appellant to file a grievance which would be processed through the usual procedural steps.
Appellant contended, however, that the grievance procedures had broken down prior to the alleged breach of duty. While appellant filed the affidavits of three employees which set forth a conclusion that the grievance procedures did not exist at the time of the alleged breach of appellant's rights, the Director of Industrial Relations of the company filed an affidavit made on his personal knowledge, reciting specific facts showing that the grievance procedures were in existence at the time. He set forth the names of employees who had filed grievances after the time when appellant contended the procedures had broken down, and that such grievances had been processed several months...
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Brown v. INTERN. UNION, UNITED AUTO. AEROSPACE, ETC.
...remedies before bringing suit in federal court. This "exhaustion doctrine" was first applied by the Sixth Circuit in Bsharah v. Eltra Corp., 394 F.2d 502 (1968), wherein the court upheld summary judgment dismissal of plaintiff's claims against an employer and the UAW because plaintiff faile......
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Pridy v. Piedmont Natural Gas Co.
...example, that an employee who shows that "the grievance procedures had broken down" may circumvent exhaustion. Bsharah v. Eltra Corp. , 394 F.2d 502, 502–03 (6th Cir. 1968). In addition, an employee who reasonably relied on his union to file a grievance but the union failed to do so, and th......
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Orphan v. Furnco Construction Corporation, 71-1455.
...do not subscribe to defendant's group-individual grievance distinction. See note 9, supra. 12 To the same effect see Bsharah v. Eltra Corp., 394 F.2d 502 (6th Cir.1968); Foy v. Norfolk & Western Ry., 377 F.2d 243, 245-246 (4th Cir.), certiorari denied, 389 U.S. 848, 88 S.Ct. 74, 19 L.Ed.2d ......
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Farmer v. ARA Services, Inc.
...68 L.Ed.2d 538 (1981); Glover v. St. Louis-San Francisco Ry. Co., 393 U.S. 324, 89 S.Ct. 548, 21 L.Ed.2d 519 (1969); Bshara v. Eltra Corp., 394 F.2d 502 (6th Cir. 1968). But a well-settled exception to the general rule of exhaustion of remedies is the principle that an individual will not b......