duty of fair representation

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duty of fair representation

Post  CATMANDO8426 on Fri Apr 03, 2009 1:16 am

I know the definition of this term, but how if necessary does one hold a union accountable for failing in its duties. Such as refusing to hear a grievance where an employee believed that he/she was denied his/her right to representation during a meeting that he/she reasonably believed could lead to disciplinary action, or for not taking on a case where the company engaged in an adverse action for the employees invocation of his/her union rights as outlined in the CBA? Does this also fall under the NLRA, and what if any documentation does the union have give the parties involved in and effected by a grievance in respect to its progress and or dismissal? I have inherited a big mess!! pale

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Re: duty of fair representation

Post  JoeC (McGruff) on Sat Apr 04, 2009 2:25 am

You as a Steward have to listen to all grievances, however you don't have to file on all of them, and you dont have to take every grievance to arbitration. D.F.R requires that you treat every member fairly, impartially,and in good faith. Here is an example say an anti- union member comes to you with a grievance, say an overtime claim against the employer if you routinely file for overtime claims whether you receive them or not. You must still proceed in a similar manner irregardless if the guys is a jerk or not.

If not you could violate 8(b)(1)(A) and 8(b)(2). This duty also existed before Taft-Hartley under 9. The employee can sue the union in state court or Federal for DFR.
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