holding a suit by employee alleging a Title VII civil rights violation could not be brought in court after the employee’s grievance, based on the same civil rights violation, had been finally adjudicated by arbitration
How later courts described this case
- holding a suit by employee alleging a Title VII civil rights violation could not be brought in court after the employee’s grievance, based on the same civil rights violation, had been finally adjudicated by arbitration
- aff’d by an equally divided court, 402 U.S. 689, 91 S.Ct. 2186, 29 L.Ed.2d 267 (June 1, 1971)
- Title VII suit may not be brought after grievance finally adjudicated by arbitration
Written by the judges who cited it.
Later courts went against this
Overruled — as noted by a later court
Congress has spoken, and in doing so it has signalled that our decision in Dewey seventeen years ago is no longer good law.
by statutemedium confidence
The opinion
McCREE, Circuit Judge
(dissenting). I would grant the petition for rehearing and affirm the judgment of the District Court for the reasons stated in the dissenting opinion of Judge Combs. Furthermore, I observe that in addition to the Seventh Circuit, Bowe v. Colgate-Palmolive Co., 416 F.2d 711 (1969), the Fifth Circuit has held that appellee’s invocation of the grievance-arbitration procedure did not bar him from proceeding in the District Court under Title VII of the Civil Rights Act. Hutchings v. United States Industries, Inc., No. 28750 (5th Cir. June 19, 1970).