Robert Joyce v. Consolidated Edison Company of New York, Inc.
AdministrativeLaw Arbitration ERISA DueProcess JusticiabilityDoctri
Whether the Court of Appeals improperly dismissed Petitioner's federal court challenge to union and Con Edison actions involving employment termination based on alleged procedural and substantive violations
1. Should Petitioner have been foreclosed from challenging the alleged fraud in Federal Court pursuant to 301 of the Labor Management Relations Act because the Court ’s ruled that Petitioner failed to sufficiently plead a DFR claim against the union? 2. Should Petitioner have the right to challenge in Federal Court Con Edison ’s violations of the Federal rules that Con Edison was required to follow when conducting the drug test that led to Petitioner's employment being terminated? 3. Was the lower Court ’s ruling, made without any judicial scrutiny of the union ’s actions, in conflict with other circuit decisions and with this Court ’s rulings on what constitutes a breach of a union ’s duty in representing its members and thus wrongfully dismissing Petitioner's suit?