Opinion

Robert Kenneth Dewey v. Reynolds Metals Company

  • 429 F.2d 324
Court
Court of Appeals for the Sixth Circuit
Filed
Aug 11, 1970
Status
Published
Author
McCREE
On the bench
Weick, Combs, O'Sullivan, McCree
Cited by
115 cases

Overruled — as noted by a later court

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).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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