If a union chooses not to bring a grievance to arbitration,the individual union member always has the right to pursue the matter through a lawsuit to enforce union provisions.

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The ability of an individual union member to pursue a matter through a lawsuit when a union chooses not to arbitrate a grievance is generally limited by the collective bargaining agreement and the duty of fair representation. Most collective bargaining agreements require disputes to be resolved through the grievance and arbitration process, and federal labor law typically does not grant individual union members the right to sue their employer over collective bargaining agreement violations unless the union has breached its duty of fair representation.

If a Union Chooses Not to Bring a Grievance to Arbitration,the