Disabilities case dismissed for arbitration cannot be reactivated after union refuses to pursue arbitration

Jude Kucmierz was an RN for the Department of Corrections.  He claimed that he was a victim of disablility discrimination. He filed a legal action, but then agreed to dismissal of the action "because 'same is the subject of an agrement to arbitrate.' "  Attached to the dismissal stipulation was and MDOC-UAW stipulation that "the above grievance will be scheduled for arbitration."

After the case was dismissed, the Union decided it had more important fish to fry, apparently, and chose not to arbitrate Kucmierz's.  Kucmierz then attempted to revive the lawsuit, but the court rejected his re-filing.  It held that a deal to dismiss is a deal; even if a deal to arbitrate is not.