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Topic: Duty of fair representation

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	Duty of fair representation - Wikipedia, the free encyclopedia
		The duty of fair representation is the obligation, incumbent upon U.S. labor unions that are the exclusive bargaining representative of workers in a particular group, to represent all those employees fairly, in good faith, and without discrimination.
		The duty likewise does not apply for the most part to unions' internal affairs, such as their right to discipline employees for violation of the union's own rules or union officers' handling of union funds, which are regulated instead by the Labor Management Reporting and Disclosure Act.
		Because the duty of fair representation was originally created by judicial interpretation, however, rather than as an express stautory prohibition, employees covered by the National Labor Relations Act may sue their unions directly, without being required to first exhaust any administrative procedures provided under the National Labor Relations Board.
	en.wikipedia.org /wiki/Duty_of_fair_representation (819 words)

	January 27 (Site not responding. Last check: 2007-11-06)
		Duty of fair representation issues also can involve situations where non-union members claim that they are being treated differently from union members by the manner in which the union administers a provision of a collective bargaining agreement or some other condition of employment over which the union has exclusive control.
		The duty of fair representation is grounded in the principle that when a union attains the status of exclusive representative, it must use that power to fairly and equally represent all members of the unit.
		This aspect of the duty of fair representation usually concerns a situation where either a union member or a non-member in the bargaining unit claims that the union was ineffective in its attempt to represent an employee in a dispute with an agency.
	www.nteuchapter40.org /dfr.htm (9087 words)

	Duty of Fair Representation
		The statutory fight of exclusive representation mandates fair representation of all members of a bargaining unit.
		Fair representation applies to negotiations, the decision to process or not process a grievance and the way in which a grievance is in fact processed, through arbitration.
		A breach of duty of fair representation occurs when the Union acts based on improper motivation or in a manner which is arbitrary, perfunctory or inexcusably neglectful.
	www.umass.edu /usa/dutyfairrep.htm (777 words)

	Dictionary of Meaning www.mauspfeil.net
		The '''duty of fair representation''' is the obligation, incumbent upon United States U.S. labor unions that are the exclusive bargaining representative of workers in a particular group, to represent all those employees fairly, in good faith, and without discrimination.
		The duty of fair representation is analogous, only in the roughest sense, to the employer's duty not to discriminate against employees on the basis of their union activities to the extent that it bars unions from acting discriminatorily.
		Saying that the duty of fair representation is "somewhat analogous" to this imaginary duty of "fair treatment" by the employer is about as accurate as saying that it is "somewhat analogous" to the federal government's obligation not to interfere with the freedom of speech or to impose cruel and unusual punishments.
	www.mauspfeil.net /Duty_of_fair_representation.html (1569 words)

	Duty of Fair Representation (Site not responding. Last check: 2007-11-06)
		The duty of fair representation is the duty that an exclusive representative (the union) owes to employees in an appropriate bargaining unit when the union represents those employees under the Statute.
		Duty of fair representation issues also can involve situations where non-union unit employees claim that they are being treated differently from union members by the manner in which the union administers a provision of a collective bargaining agreement or some other condition of employment over which the union has exclusive control.
		The duty of fair representation is grounded in the principle that when a union attains the status of exclusive representative, it must use that power to fairly and equally represent all bargaining unit employees in the bargaining unit.
	www.fpmi.com /FLRA/ogcinfo/DFRexec.html (2247 words)

	CHAPTER 7
		This duty is not explicit in the NLRA, but the U.S. Supreme Court says that it flows from the privilege of exclusive representation granted to unions by the Act.
		But most DFR claims are filed by employees who are dissatisfied with the way their grievances have been handled.
		The employee whose grievance is dropped may file a DFR charge contending that the union represented him or her less vigorously than the other employee.
	www.teamsterslocal17.org /LROUS/CHAPTER7.htm (2182 words)

	Labour Relations Board - British Columbia - Duty of Fair Representation and Internal Union Affairs
		The purpose of this Information Bulletin is to provide general information and guidance about the duty of fair representation and the application of the principles of natural justice with respect to membership in a trade union.
		This duty of "fair representation" applies with respect to the trade union acting as bargaining agent for employees in dealing with their employer, and with respect to the referral of union members to employment (i.e., a hiring hall arrangement).
		However, in recognition of the fact that dispatch decisions must often be made quickly and require the exercise of discretionary judgement by the dispatcher, the required level of investigation is not as high as in the case of a grievance.
	www.lrb.bc.ca /bulletins/duty.htm (1684 words)

	The Duty of Fair Representation (Site not responding. Last check: 2007-11-06)
		When the union wins a representation election, it gains a special status — it is certified as the exclusive representative of all employees in the bargaining unit.
		With this status comes a responsibility known as the “Duty of Fair Representation.” This duty is not found in a particular law or statute; rather, it is the result of several court decisions that have been handed down through the years.
		Simply put, the union has the duty to fairly represent all employees in the bargaining unit, regardless of whether they are members, agency fee payers, or non-members.
	www.afscmelocal34.org /duty_of_fair_representation.htm (329 words)

	[No title]
		The court of appeals also concluded that petitioner's fair representation claim was insufficient because petitioner had not "affirmatively alleg(ed) that his employer breached the collective bargaining agreement" (ibid.).
		Claims that a union had breached its duty of fair representation would often arise in employees' suits to enforce collective bargaining agreements, the Court explained, so that it would be anomalous and unwieldy to preclude courts from adjudicating those fair representation issues in such actions.
		The court of appeals' decision that petitioner's fair representation and LMRDA claims were within the exclusive jurisdiction of the NLRB is a substantial departure from previously settled preemption doctrine.
	www.usdoj.gov /osg/briefs/1988/sg880241.txt (4394 words)

	Page Title
		The duty of fair representation is the obligation of the union to represent all members of the bargaining unit in a fair and good-faith manner.
		The duty of fair representation is not explicit in the National Labor Relations Act, but does flow from Section 301 of the Taft-Hartley Act.
		According to the NLRB, "mere negligence, poor judgment or ineptitude in grievance handling are insufficient to establish a breach of the duty of fair representation." On the other hand, even slight evidence of racial or sexual discrimination is likely to induce the Board to issue a DFR complaint.
	members.aol.com /teamstr111/page16.html (367 words)

	The Duty of Fair Representation
		Moreover, an agency that attempts to present unit employees as witnesses to support a duty of fair representation charge filed against the exclusive representative by the agency is governed by the doctrine requiring the agency not to interfere with, restrain or coerce an employee in the exercise of protected rights.
		For example, an agency that files a charge alleging a duty of fair representation violation against a labor organization and then takes steps to seek out and convince employees to provide evidence against the labor organization, in my view, would commit an unfair labor practice.
		Since the employees are serving as union representatives, I am of the view that the statutory duty of fair representation attaches to their activities, just as if those representatives were negotiating a contract or processing a grievance.
	home.earthlink.net /~local1613/Rep_Duty_3.html (1959 words)

	White Opinion No. MW-557
		In your request you cite the duty of fair representation and ask whether or not this duty, article 5154c-1 notwithstanding, requires public employee associations to seek contract ratification from non-members.
		Huffman, 345 U.S. Simply stated, the duty of fair representation imposes upon a labor organization granted exclusive bargaining status under federal statutes an obligation to serve the interests of all members of the bargaining unit 'without hostility or discrimination.
		The duty of fair representation does not require that a public employee association extend to non-association members of a bargaining unit the opportunity to vote on contract ratification.
	www.oag.state.tx.us /opinions/op46white/mw-557.htm (644 words)

	No. 03-1102
		The commission concluded that the union breached its duty of fair representation to Garry VanOuse.
		He alleged, among other things, that the union had breached its duty of fair representation to him because (1) the settlement affecting his seniority violated the collective bargaining agreement and (2) the union failed to advance his grievance to arbitration.
		However, when a union decides to arbitrate a grievance, the duty of fair representation requires that it should "take into account at least the monetary value of his claim, the effect of the breach on the employee and the likelihood of success in arbitration.
	www.wisbar.org /res/capp/2004/03-1102.htm (1372 words)

	[336 NLRB No. 44] Plumbers Local 342 (Contra Costa Electric), 32-CB-4435
		The Board had construed the Court’s statement as meaning that, when a union operates an exclusive hiring hall, its duty of fair representation expands into additional areas, not that the union is subject to a higher standard of conduct.
		Chairman Hurtgen concludes that, as a matter of law and policy, a union has a “heightened duty of fair dealing” in the operation of an exclusive hiring hall.
		California Erectors (which the Board does explicitly overrule) and other duty of fair representation cases is that breaches of the duty are themselves violations of Sections 8(b)(1)(A) and (2).
	www.nlrb.gov /nlrb/shared_files/decisions/336/336-44.htm (3869 words)

	August 2003 Bar Bulletin (Site not responding. Last check: 2007-11-06)
		The duty of fair representation (DFR) inherently stems from the union’s exclusive role as representative of all employees within the bargaining unit-even for those individuals who opt out of actual union membership.
		The litigation is directed at a union for breaching the duty of fair representation and against the employer for violating the contract by terminating the employee/grievant, for example.
		One of the critical questions in a “hybrid” DFR suit is the allocation of damages between the union and employer.
	www.kcba.org /barbulletin/0308/article9.html (1018 words)

	Air Line Pilots v. O'Neill, 499 U.S. 65 (1991)
		Just as these fiduciaries owe their beneficiaries a duty of care as well as a duty of loyalty, a union owes employees a duty to represent them adequately as well as honestly and in good faith.
		We have also held that the duty applies in other in- stances in which a union is acting in its representative role, such as when the union operates a hiring hall.
		A rational compromise on the initial allocation of the positions was not invidious "discrimination" of the kind prohibited by the duty of fair representation.
	straylight.law.cornell.edu /supct/html/89-1493.ZO.html (4239 words)

	Communications Workers of America (Site not responding. Last check: 2007-11-06)
		The duty of fair representation stems from the union's exclusive role as representative of all employees within the bargaining unit, whether or not they are actually members of the union.
		Further, the court ruled that no duty of fair representation action could succeed without allegations of discriminatory, arbitrary, or bad faith behavior by the union, once it had actual knowledge of a safety violation.
		Since negligence was not grounds for holding a union liable for breach of their duty of fair representation obligation, the claim was dismissed.
	www.cwa-union.org /osh/FactSheets.asp?ID=354 (2199 words)

	CIR189380008
		The exclusive power conferred on a union to act as spokesman for the employees in a bargaining unit entails a corresponding obligation on the union to fairly represent all employees comprised in the unit.
		The representation by the union must be fair, genuine and not merely apparent, undertaken with integrity and competence, without serious or major negligence, and without hostility towards the employee.
		As to the standards of representation meted out by the third part of the test, the complainants have been successful in establishing that the BLE was not vigilant in protecting the seniority and job security interests of an important part of the bargaining unit.
	www.utu.org /DEPTS/PR-DEPT/NEWS/NEWS99/CIRB/CIR189380008.htm (2536 words)

	Duty of Fair Representation (UE's Information for Workers)
		The Duty of Fair Representation is the legal duty of a union to equally, and in good faith, represent every employee in a bargaining unit, regardless of whether the employee is a union member or not.
		The duty to represent all workers is especially true in the case where a non-member or anti-union worker files a grievance.
		In this case the union would not be found guilty of a DFR unless it could be proven that the union missed the time limit because it was prejudiced or hostile toward the grievant for some reason.
	www.ranknfile-ue.org /stwd_dfr.html (1532 words)

	Labour Relations Board - British Columbia - Guidelines - Fair Representation
		If you have any additional questions regarding the duty of fair representation, or other sections of the Code which may deal with union members and their union, please contact our Information Officer at 660-1300.
		The "duty of fair representation" as stated in Section 12 of the Code provides that a trade union shall not act in a manner that is arbitrary, discriminatory or in bad faith in representing or referring a person to employment.
		Section 12(1)(b) imposes a duty of fair representation on a union referring persons to employment.
	www.lrb.bc.ca /guidelines/representation.htm (2236 words)

	The Duty of Fair Representation
		[W[here union membership is not a factor, the standard for determining whether an exclusive representative has breached its duty of fair representation under section 7114(a)(1) is whether the union deliberately and unjustifiably treated one or more bargaining unit employees different from other employees in the unit.
		concerning the duty of fair representation when membership is not a consideration.
		To afford the Authority with an opportunity to clarify this area of the law, the Regions should initially determine in all duty of fair representation cases where union membership is not a consideration whether the conduct violates the
	www.ibew1613.org /stewards/Rep_Duty_1.html (2354 words)

	Understanding the Duty of Fair Representation
		It is the duty of the steward, staff representative, grievance committee, or any other union body involved in grievance handling to determine whether these two things exist, and to take appropriate action either to pursue the grievance, or to drop it.
		Nonetheless, members do become dissatisfied with union representation, and sometimes take their dissatisfaction to the courts in the form of a breach of the duty of fair representation (DFR) suit.
		or stewards and union representatives, the close attention of the courts to the matter of the duty of fair representation should not be a source of anxiety or doubt about their ability to help workers with grievances.
	www.afscme.org /about/fairrep.htm (1459 words)

	Hybird Claim
		As to a union's breach of its duty of fair representation, the employee-plaintiff must prove that the union's actions tainted the grievance procedure such that the outcome was more than likely affected by the union's breach.
		In the context of a hybrid § 301 claim, an allegation that the union breached its duty of fair representation must arise from the union's handling of its employee-member's grievance and/or arbitration.
		In this manner where both the union and the company are violating the CBA together and the grievance goes before the Arbitrator and is denied a case will be filed under hybrid § 301 claim.
	www.twa-employees-at-aa.com /hybird.htm (610 words)

	Duty of Fair Representation - FLRA GC Memo to Regional Directors (Site not responding. Last check: 2007-11-06)
		Duty of Fair Representation - FLRA GC Memo to Regional Directors
		During the investigation of the charge, the Regions are capable of adducing evidence concerning the appropriate remedy in a duty of fair representation case.
		Duty Of Fair Representation Cases Where Union Membership Was Not A Factor
	www.flra.gov /gc/dfr_mem.html (9081 words)

	Union's Duty of Fair Representation (Site not responding. Last check: 2007-11-06)
		Although these are comments we sometimes hear, they are not acceptable reasons to waive Duty of Fair Representation.
		In exchange for the right to be exclusive bargaining representative for a group of employees, the Union has a duty to negotiate and enforce the contract honestly and in good faith.
		In this case, Local 8 has a Duty of Fair Representation to obtain the binding arbitration award.
	www.opeiu8.org /StewardsActivists/fairrepresentation.htm (611 words)

	DWT, LLP \| Practice Areas: Employment/Advisory Bulletins
		In addition, the employee argued that the security clause was unlawful on the grounds that the language regarding the 30-day grace period for joining the union violated Section 8(a)(3) because it related back to her first unionized job in the entertainment industry.
		The Ninth Circuit Court of Appeals held that the union did not violate its duty of fair representation, and that the issue of the 30-day language in the agreement was a question that the National Labor Relations Board must answer rather than the courts.
		The Marquez decision leaves open the door for an employee to claim breach of the duty of fair representation where the union's action is otherwise arbitrary, capricious, or in bad faith.
	www.dwt.com /related_links/adv_bulletins/SSClauseDec98.htm (1070 words)

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