The district court erred in dismissing the plaintiff’s claims that his former employer wrongfully terminated him and that his union breached its duty of fair representation in its handling of his resulting grievance. First, contrary to the court’s holding, exhaustion of remedies as required by 29 U.S.C. § 185(a) was a non jurisdictional precondition to suit, not a judicially mandated requirement. Second, the collective bargaining agreement at issue didn’t in fact require exhaustion.
Reversed and remanded.