Francis A. Donnelly, Plaintiff-Appellant v. United Fruit Company, a Corporation of the State of New Jersey, and the…

Summary

The Supreme Court of New Jersey affirmed summary judgment for United Fruit Company and the Brotherhood of Marine Officers, holding that the plaintiff failed to establish a cause of action against either the union or the employer. The court overruled the Marchitto doctrine, recognized the statutory right of an employee to present a grievance when the union declines, and required exhaustion of the grievance procedure before suing for breach of the collective bargaining agreement.