Explain an unfair labor practice charge against the union


Assignment:

Jerry Kirby was discharged from his job at Ford Motor Company, allegedly because of "being under the influence of alcohol, absenteeism, and threatening management." The United Auto Workers union (UAW) immediately filed a grievance on Kirby's behalf. Kirby lost through the first three steps of the grievance process, and the UAW declined to appeal to arbitration on Kirby's behalf. The UAW said that Kirby had no right to appeal because he had allowed his union membership to lapse. Kirby then filed an unfair labor practice charge against the union. Decide. Explain. See International Union v. NLRB , 168 F.3d 509 (D.C. Cir. 1999).

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