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Saturday, August 1, 2020 | History

2 edition of The duty of fair representation in the negotiation of collective agreements found in the catalog.

The duty of fair representation in the negotiation of collective agreements

Karen Joy Bentham

The duty of fair representation in the negotiation of collective agreements

An analysis of unions" representational responsibilities in collective bargaining ... Industrial Relations research essay series)

by Karen Joy Bentham

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Published by Industrial Relations Centre, Queen"s University .
Written in English


The Physical Object
FormatUnknown Binding
ID Numbers
Open LibraryOL11267011M
ISBN 100888862962
ISBN 109780888862969

The duty of fair representation is a judicially created doctrine developed to ensure that unions do not abuse the right of exclusive representation of employees.'. The duty of fair representation owed by a union to all of its members serves as a bulwark against majority abuse of the interests of the bargaining unit's numerical minorities.1 Under this implied statutory duty,2 a union must fairly represent the interests of all.

DUTY OF FAIR REPRESENTATION. the grievance to final, binding arbitration. Provided the process was conducted fairly, the decision reached in the grievance proce-dure is not judicially reviewable. 5. If the union fails to render an employee fair representation, however, either by not acting on hisAuthor: Alan Sorkowitz. Lee's complaint alleged a "hybrid action" against (1) the State for breaching the collective bargaining agreement by wrongfully terminating her and (2) UPW for breaching its duty of fair representation by "declining to pursue" her grievance for wrongful termination against the State.

Duty of Fair Representation - What Does it Mean? THE INFORMATION CONTAINED IN THIS DOCUMENT IS CURRENTLY UNDER REVIEW AND SHOULD NOT BE RELIED ON EXCEPT WITH CAUTION. Please contact the Board’s information officer at or [email protected] for more information about the review process. Duty of fair representation The legal obligation for a union to fairly represent all employees in the bargaining unit without regard to factors such as union membership or membership in a protected class.


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The duty of fair representation in the negotiation of collective agreements by Karen Joy Bentham Download PDF EPUB FB2

The duty of fair representation is the term used to describe the duty a Union owes to all persons in the bargaining unit to which the Union is legally authorized to represent. Those specific duties owed to represented employees by their bargaining representative have evolved primarily through Court actions spanning a half-century.

The duty of fair representation in the negotiation of collective agreements: an analysis of unions' representational responsibilities in collective bargaining Author: Karen Joy Bentham ; Queen's University (Kingston, Ont.).

The Duty of Fair Representation, 27 SYRACUSE L. REV. The Supreme Court has recognized that the negotiation of collective bargaining agreements involves tradeoffs between diverse groups and interests.

See, e.g., Ford Motor Co. Huffman, U.S. (). : Maureen A. McGhee. THE DUTY OF FAIR REPRESENTATION EFFECTIVE PROTECTION FOR INDIVIDUAL RIGHTS IN COLLECTIVE AGREEMENTS.

B.L. Adell The author uses the example of Fisher against Pem-berton to illustrate the case of an individual employée action against his union for breach of the union*s duty of fair.

This memorandum is intended to provide background on the duty of fair representation. It is not intended to constitute binding legal advice; local collective bargaining chapters should confer with their own lawyers for questions concerning their obligations under the duty of fair representation.

The duty of fair representation in most labour jurisdictions covers matters with respect to a union’s administration of the collective agreement (i.e., the grievance and arbitration process). The duty may also apply, depending on the jurisdiction, to the negotiation of the collective agreement itself.

Duty of fair representation is the legal duty of a union to equally, and in good faith, represent every employee in a bargaining unit, regardless of whether the employee is a union member or not. This legal duty arises out of the exclusive representative status unions hold under the National Labor Relations Act.

THE UNION'S DUTY OF FAIR REPRESENTATION - FACT OR FICTION I. INTRODUCTION The collective bargaining system is based on the subordina-tion of the interests of the individual employees to the collec-tive interests of all members of the bargaining unit.' The Na-tional Labor Relations Act has given the unions broad author.

P.J. realized that the duty of fair representation applies to more than just the collective bargaining agreement. If he is discriminated against at the hiring hall and not given jobs, he will have.

The union's duty of fair representation stems from a clause in the collective bargaining contract that requires the union to give each employee equal treatment False Because unions have a duty of fair representation, they must treat every grievance or complaint the same and purse each all the way to arbitration, if necessary.

While the union's duty of fair representation is primarily concerned with the representation that each individual receives, the union, of course, must also be responsive to the wishes of any majority.

LAW OF FAIR REPRESENTATION, supra note 6; THE DUTY OF FAIR REPRESENTATION (Jean T. McKelvey ed., ); Robert A. Sugarman & L.B. Hunt, The "Arbitrary" Stan-dard: The Duty of Fair Representation in Collective Bargaining Negotiations, 22 STETSON L. REV. (); Lee M. Modjeska, The Supreme Court and the Duty of Fair Repre.

Part of the claim for the breach of the union's duty of fair representation is the claim against the employer for the breach of the collective bargaining agreement.

An employee sues his or her employer for termination without just cause which is likely a breach of the collective bargaining agreement. The duty of fair representation also requires that the union register its opposition to, and attempt to eradicate, any discriminatory practices which come within the scope of its collective bargaining agreement or negotiating powers.

Duty of Fair Representation and Grievance Processing. 1) still bars the employee from bringing a Sec. claim unless the union breached its duty of fair representation. • If the employee proves that the union breached its duty of fair representation, Hines v. Anchor Motor Freight, Inc.

(cb) permits the employee to sue the employer, even if the collective bargaining agreement provides that grievance process shall beFile Size: KB.

The duty of fair representation in the negotiation of collective agreements: an analysis of unions' representational responsibilities in collective bargaining / Karen J.

Bentham. KF B45 1. The want of a substantial interest on the part of the petitioning union. The commission of unremedied unfair labor practices. A prior certification or the lapse of less than a year since the last previous election. The subsistence of a valid collective bargaining agreement.

the collective agreement gave the union exclusive control over those procedures, the individual employee could excuse his fail-ure to exhaust those procedures only by showing that the union had breached its duty of fair representation in its handling of the grievance. The end result is that the individual's right under the collec-File Size: 2MB.

Origin and Nature of Duty of Fair Representation A. Origin of the Duty For most private sector unions, the duty of fair representation is implied from Section 9(a) of the National Labor Relations Act (NLRA) and from provisions in collective bargaining agreements which provide that the union is the exclusive bargaining agent for members of the.

individual employee's rights under the collective agreement are limited by the union's duty of fair representation.

The employee duty of fair representation owed to the employee a prerequisite to the employee's pur- the Court has recognized that negotiating agreements requires compromises and adjustments of varied interests and groups.

This legal obligation is referred to as the union’s duty of fair representation of the members’ interests. or any applicable employees, and in what constitutes fair representation.

Section 37 prohibits unions from acting in an arbitrary or discriminatory manner or in bad faith when representing employees under the applicable collective agreement.Statutory Collective Bargaining: A Duty of Fair Representation?

() 14 ILJ * An issue that has received little attention in our law is the nature of a union's duty vis-à-vis its membership in the course of collective bargaining and the consequences of breach of such duty.The duty of fair representation was created by the U.S.

Supreme Court in to prevent unions from practicing racial discrimination in the negotiation of collective bargaining agreements.' Since then, the scope of the duty has been.