"He's been having problems with the hotel membership ever since their last contract," Hicks said. "Clearly Harvard knows this and they're violating the contract and walking all over people."

Neither Rodrigues nor O'Brien would comment on whether money was a factor in the decision. O'Brien said arbitrating cases involves "a very considerable cost." Rodrigues said the union moves many cases to arbitration.

Hicks also said he was not ruling out the possibility that Harvard had pressured the union into not pursuing the case.

But both Rodrigues and Berry vigorously denied that the University had used pressure tactics or had offered the union a deal if it did not pursue the case.

"We don't do that as a principle," Rodrigues said. "It's not acceptable."

"None of it is a deal or none of it is pressure," Berry said. "That's not the way we work."

Berry said the union's decision was not unexpected. "I have a very strong respect for the union's leadership and I think they made a judgement based on sound principles and practice," Berry said.

Edward B. Childs, a co-chief shop steward for the labor union who works at the Adams House dining hall, said the decision not to pursue arbitration would not bring to a halt the efforts of Hicks' co-workers to win his job back.

"I disagree with [the decision], but it's not going to be won in arbitration," said Childs, who has been vocal in his support of Hicks. "Most major cases we don't win through arbitration.... The case of discrimination, the case of racism and prejudice at Harvard is not going to be won in court."

Childs said dining hall workers would continue to agitate on Hicks' behalf. He said members of several unions plan to picket in front of Holyoke Center on Thursday--Commencement day--to protest Harvard's treatment of its workers and Hicks' termination.

"We think it's a racist, anti-union firing and we're going to add pressure to Harvard to deal with the case," Childs said.

Meanwhile Hicks--whose racial discrimination complaints against Harvard are still being investigated by the Massachusetts Commission Against Discrimination and the federal Equal Employment Opportunity Commission--said he is also considering retaining a private attorney to pursue his case against the University.

"This fight I'm going to take all the way," said Hicks. "They're totally wrong and I'm not going to sit back and allow them to do this to me.