Professional Emergency Medical Services Ass'n of New Jersey IAFF Local 4610 v. Monmouth Ocean Hospital Services Corp., 680 F. App'x 100

MONOC (employer) and PEMSA (union) were parties to a CBA that defined discipline (including termination) for specified infractions and a three-step grievance process (final step: voluntary mediation by NJ State Board of Mediation).
Article 4/6 of the CBA gave MONOC discretion to determine credibility in investigations and to impose discipline, including immediate discharge for listed infractions, subject to the grievance procedure.
Elliott was given four "disciplinary units" for carrying a hospice patient in violation of policy; PEMSA pursued the first two grievance steps but mediation was denied.
Kramer was terminated for refusing a work assignment during a state of emergency after leaving the site despite warnings; PEMSA pursued two grievance steps but did not seek mediation.
Dirr was terminated after a meeting in which a union representative attended; PEMSA did not invoke the CBA grievance process before suing one week later.
District Court dismissed Dirr-related claims for failure to exhaust contractual remedies and granted MONOC summary judgment on Elliott and Kramer for lack of "just cause;" the union appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether PEMSA’s claims for Dirr could proceed despite not invoking the CBA grievance process	PEMSA: sending a union rep to the pre-termination meeting satisfied the requirement to attempt contractual remedies	MONOC: PEMSA failed to invoke any of the CBA’s grievance steps, so claims must be dismissed for non‑exhaustion	Court: Dismissal affirmed — attending the meeting is not invoking the grievance machinery; exhaustion required absent narrow exceptions
Whether MONOC had "just cause" to impose disciplinary units on Elliott	PEMSA: evidence/ investigation insufficient to show patient was harmed and process was inadequate	MONOC: Elliott violated policy, patient complained, investigation supported disciplinary units and CBA grants managerial discretion on credibility	Court: Summary judgment for MONOC — discipline was authorized by the CBA and managerial credibility determinations are within MONOC’s discretion
Whether MONOC had "just cause" to terminate Kramer for refusal to follow work directive	PEMSA: Kramer reasonably believed he wasn’t scheduled; others were treated leniently; alleged animus	MONOC: Kramer refused a valid managerial directive in emergency conditions; CBA authorizes termination and allows MONOC discretion on mitigation	Court: Summary judgment for MONOC — termination fell within enumerated CBA grounds and MONOC’s sole discretion to apply discipline

Republic Steel Corp. v. Maddox, 379 U.S. 650 (1965) (party must exhaust agreed contractual grievance procedures before suing under §301)
Vaca v. Sipes, 386 U.S. 171 (1967) (employee must at least attempt to exhaust exclusive grievance and arbitration procedures in bargaining agreement)
Hines v. Anchor Motor Freight, 424 U.S. 554 (1976) (same exhaustion principle; employee must try contractual procedures)
Sisco v. Consol. Rail Corp., 732 F.2d 1188 (3d Cir. 1984) (recognizes limited exceptions to exhaustion: employer repudiation, futility, or suit against union for breach of fair representation)
Bell v. Cheswick Generating Station, 734 F.3d 188 (3d Cir. 2013) (standard of review for Rule 12(b)(6) dismissal)
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility standard for pleadings)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading standard requiring plausible claims)
Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment standard)
Giles v. Kearney, 571 F.3d 318 (3d Cir. 2009) (appellate review of summary judgment employs same test as the district court)
Peters v. Del. River Port Auth., 16 F.3d 1346 (3d Cir. 1994) (credit nonmoving party with all reasonable inferences on summary judgment)