NLRA Duty of Fair Representation - powerpoint

MGT 334 Employment & Labor Law

Duty of Fair Representation

Instructor: Dawn D Brackmann

Overview of Key Topics

• Organized Labor / The NLRA

• Representation / Duty of Fair Representation

• Collective Bargaining / The CBA

• Unfair Labor Practices / Picketing & Strikes

• Public-Sector Labor Relations

• Labor Law

The Union’s Duty of Fair Representation

Legal Duty

• The union has a legal obligation to represent all members of the bargaining unit fairly.

• This duty is established in the precedent set by the Supreme Court case Steele v. Louisville & Nashville RR, 323 U.S. 192 (1944).

• The union must operate with “good faith and honesty of purpose.”

• It is critical for unions to document their actions and keep employees informed.

Seven Golden Rules for Fair Representation

1. Consider all grievances on their own merits.

2. Investigate each grievance promptly and vigorously.

3. Do not miss time limits.

4. Keep records of all grievances and actions taken.

5. Keep the grievant informed about the status of their grievance.

6. Have a valid reason for any action taken regarding the grievance.

7. If the grievance lacks merit, drop it.

• Documentation and keeping employees informed are reiterated as essential practices.

Restrictions on Union Actions

Unions Cannot Act:

• Discriminatory

• Arbitrary

• In Bad Faith

Liability for Breach of the Duty of Fair Representation

• The union can face liability under Section 8(b)(1)(A) as an unfair labor practice.

• Section 301 allows for lawsuits to be filed in court.

Conditions Around Liability

• Most liabilities arise from actions taken by the employer after an employee has been disciplined or discharged.

• If an employee can establish:

  • A breach of the Collective Bargaining Agreement (CBA) by the employer, and

  • A breach of the Duty of Fair Representation (DFR) by the union,

• Both the employer and the union may share liability.

• Referenced case: Hines v. Anchor Motor Freight, 424 U.S. 554 (1976).

Burden of Proof (BOP)

• The employee has the Burden of Proof to demonstrate a breach of duty.

• The union is not required to take every grievance to arbitration.

• Courts analyze whether there has been a breach of the DFR, rather than the merits of the grievance itself.

Exhausting Internal Remedies

• Employees must first exhaust internal remedies before seeking external resolutions.

  • This includes:

  • Filing a grievance under the collective bargaining agreement and utilizing the grievance procedure or arbitration procedure.

  • Attempting to follow internal union procedures to address complaints against the union.

• This approach aligns with the policy of promoting voluntary settlement of disputes.

Remedies for Breach of Duty of Fair Representation

National Labor Relations Board (NLRB) Orders

The NLRB can mandate that the union:

• Pay compensation for lost wages, benefits, and legal expenses.

• Arbitrate the grievance.

• “Cease and desist” from any further violations.

Court Remedies

• The court can provide either an injunction or monetary damages as a remedy for breaches.

Union Members’ Bill of Rights

Rights Included

• Free Speech & Association

• Right to Participate in Union Activities

• Union Election Procedures

Labor Management Reporting & Disclosure Act (1959)

• Section 101 establishes rights related to union members’ participation.

Union Internal Disciplinary Procedures

• Must provide:

  • Specific written charges against the member.

  • A reasonable time period for the member to prepare their defense.

  • A full and fair hearing for the accused party.

Labor Management Reporting and Disclosure Act (LMRDA)

Officer Responsibilities

Financial Safeguards

• Officers are required to engage in annual reporting.

• Changes to the union's constitution, bylaws, or rules must be disclosed.

Duty to Refrain

• Officers must act ethically and refrain from actions that could compromise the integrity of the union.