Full question:
labor organizations,who may bargain collectively with the employer on the employees behalf seeking to modify wages or working conditions-my question is name the working conditions.employees covered by the N.L.R.A. are protected from employer and Union discrimination,also known as unfair labor practices. explain them all.The Union may refuse to file or process a grievance for any number of reasons so long as they are valid.What are the valid reasons for the Union to refuse to process a grievance correctly for its member(employee).What is a major reason for a Union seeking,(secretly),the discharge of an employee for not complying with a Union shop agreement,when the employee has paid the periodic dues.
- Category: Unions
- Date:
- State: New York
Answer:
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. The duty requires that the union represent the interests of all employees fairly and impartially. The union may refuse to file or process a grievance for any number of reasons so long as they are valid; it may not arbitrarily refuse to process a meritorious grievance or decline to proceed to arbitration because of hostility to the grievant or irrelevant and invidious considerations. Therefore, while no employee has a right to have his grievance processed or taken to arbitration if the union determines, in its discretion, that it lacks merit, still the union may not refuse to process or go to arbitration on a meritorious claim simply because the grievant is disliked or is a non-member.
Neither negligence nor a mistake in judgement on the part of the union will support a claim that a union breached the duty of fair representation. The investigation must be sufficient enough to permit the union to make a reasoned judgement about the merits of the grievance, rather than an arbitrary choice. In order to be considered a breach of the duty of fair representation, conduct usually has to involve more than ordinary negligence.
For further discussion, please see:
http://www.nalc1414.org/Taft-Hartly.pdf
http://www.flra.gov/Guidance_duty%20of%20fair%20representation
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.
