Full question:
my question is what is the legal claim/or grounds/statutory on a labor union neglect on representation on a false accusations,wrongful termination,defamation/libel, these accusations and termination where done to one of her/union member by the employer. The union din''t do anything to defend its union member.Employee is now suing the union. Plaintiff needs to instate a claim.
- Category: Unions
- Date:
- State: New York
Answer:
A breach of the duty of fair representation occurs when a union acts with improper motivation or is arbitrary, neglectful, or perfunctory in its actions. This duty requires the union to represent all employees fairly and impartially. While a union can decide not to file or process a grievance for valid reasons, it cannot arbitrarily refuse to handle a meritorious grievance or avoid arbitration due to personal bias against the grievant or irrelevant factors. No employee has an absolute right to have their grievance processed if the union believes it lacks merit; however, the union cannot dismiss a valid claim simply because the grievant is disliked or is not a member. Claims of negligence or mere mistakes in judgment do not typically support a breach of this duty. The union's investigation must be thorough enough to allow for a reasoned decision about the grievance's merits, rather than an arbitrary choice. Generally, conduct must involve more than ordinary negligence to constitute a breach of the duty of fair representation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.