In LMRA section 301(a) suits by individual employees, the courts have primarily focused upon the presence or absence of contractual arbitration clauses in deciding whether or not to dispose of these actions on a motion for summary judgment. Frequently, however, labor contracts also include final determination clauses, the intended effect of which is to restrict the employee to the grievance procedure exclusively for resolution of his complaint. By analyzing open-end grievance procedures, which have no provision for arbitration but which often contain final determination clauses, this comment seeks to determine ultimate legal consequences of such clauses and to ascertain whether or not the results are consistent with federal labor policy.
The Final Determination Clause: Defense to Employee Section 301(a) Suits,
1969 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol18/iss1/4