A union filed a grievance claiming Babcock & Wilson Construction Co. (defendant) fired union steward Coletta Kim Beneli (plaintiff) for engaging in union activities. A grievance-review subcommittee arbitrated the grievance. The union argued that Beneli’s termination violated federal labor law and contractual provisions prohibiting retaliation against union activities or termination without just cause. The subcommittee concluded Beneli was not terminated without cause but did not address whether her termination nonetheless violated federal labor law or the contractual provision prohibiting retaliation. Nothing in the decision showed whether the subcommittee even considered those issues. Beneli filed charges with the National Labor Relations Board (NLRB) challenging the arbitrators’ decision.