Pope v. DOC

Summary

The court reversed the grant of summary judgment for the Department of Corrections because conflicting employment documents and unresolved facts created a genuine dispute about whether Pope was probationary when terminated. Because that issue controlled whether the grievance process and fair-representation prerequisite applied, the court also held that the Union-related issue could not be resolved as a matter of law. The court remanded for further proceedings, leaving the Union’s alleged breach for determination by the fact finder.