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Union can't assign judicial review right to employee
April 09, 2006 by Ross Runkel at LawMemo
After a town fired a firefighter, the union took the matter to arbitration and lost. The union then assigned to the individual firefighter the union's right to seek "judicial review" of the award. The New Hampshire Supreme Court held that this right was non-assignable.
| Dillman v. Town of Hooksett (New Hampshire 04/07/2006). Employment Law Memo notified its readers about this case in the April 10 issue, emailed on April 9. |
Two reasons the union could not assign its rights to the employee:
(1) Contrary to public policy (harmonious relationships between employers and employees, and orderly operation of government).
(2) It would materially change the duty of the obligor (the town) under Restatement of Contracts Section 317.
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