Rutledge v. Dayton Malleable, Inc

In Rutledge v. Dayton Malleable, Inc. (1984), 20 Ohio App.3d 229, 20 Ohio B. 290, 485 N.E.2d 757, the Tenth District Court of Appeals concluded that retirees would only be required to exhaust remedies where the collective bargaining agreement provides "'in express words that the retiree must exhaust contractual remedies before suing the employer.'" 20 Ohio App.3d at 236, quoting from Anderson v. Alpha Portland Industries, Inc. (C.A. 8, 1984), 727 F.2d 177. The Tenth District noted that retirees come within one of several exceptions to the general rule that employees must attempt to use contract grievance procedures. The reasons for this exception include the fact that the union does not owe a duty of fair representation to persons who are not members of the collective-bargaining unit, and the possibility of potential conflicts of interest between retirees and active employees. Id.