Full question:
What would the legal term be for when a collective bargaining unit (union) pursues a grievance through multiple steps over a period of time? The word I think of is that they gave the grievant (union member who is being represented) ASSURANCE that the union backed the grievance. ASSURANCE does not seem like the correct legal term though.
- Category: Unions
- Date:
- State: Florida
Answer:
The term you might be looking for could be related to promissory estoppel or detrimental reliance. Promissory estoppel is a legal concept in contract law that applies when a party relies on a promise made by another party, even if no formal contract exists. It holds that if one party makes a promise that the other party reasonably relies on, it would be unfair not to enforce that promise.
Promissory estoppel requires that: a promise was made; the reliance on that promise was reasonable and foreseeable; actual reliance occurred; the reliance caused harm; and enforcing the promise is necessary to prevent injustice. Detrimental reliance is a similar concept that emphasizes the harm suffered due to reliance on a promise.
In the context of a union pursuing a grievance, if the union assured the grievant of their support, and the grievant acted based on that assurance, the union may be held to that promise under these legal theories. It’s important to evaluate each case individually to determine if reasonable reliance occurred.
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.