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| Mother |
What is "Duty of Fair Representation?"
Signed,
Captain H.
Dear Captain H,
According to USLegal.com, "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. A breach of the statutory duty of fair representation occurs only when a union's conduct toward a member of the collective bargaining unit is arbitrary, discriminatory, or in bad faith.
The duty of fair representation requires that a union represent all workers equally and without prejudice. A union cannot refuse to represent or improperly represent a worker due to the worker’s age, race, creed, nationality, sex, religion, political beliefs, union status or personality. If a union fails to represent a worker due to prejudice or hostility the union can be held liable. Its purpose is to ensure that the course of action in any grievance case will be determined by the merits of the grievance, and not by the merits of the grievant. The union may refuse to file or process a grievance for any number of reasons so long as they are valid, however 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 ill-motivated reasons" That is sort of right. Better examples can be found here, such as:
"A Union breaches its duty of fair representation if its bargaining position is motivated . by hostility or illegal considerations.
1. Red Ball Motor Freight, Inc., 157 NLRB 1237, 61 LRRM 1522 (1966), enf’d, 379 F.2d 137,65 LRRM 2309 (D.C. Cir. 1967).
A Union was liable where it refused to consider an alternative bargaining position because it wanted to advance its interest in winning a representation election." and,
"Air Line Pilots Assoc. v. O’Neill, 499 U.S. 65, 67 (1991)
Court held that “a union’s actions are arbitrary only if, in light of the factual and legal landscape at the time of the union’s actions, the union’s behavior is so far outside a `wide range of reasonableness,’ as to be irrational.” and,
"Several Circuits find Union liability if the Union is unable to articulate a rational explanation for its conduct. See, e.g., NLRB v. Teamsters, Local 282, 740 F.2d 141, 116 LRRM 3292 (2d Cir. 1984); White v. Arco/Polymers, Inc., 720 F.2d 1391, 115 LRRM 2332 (5th Cir. 1983); Ruzicka v. General Motors Corp., 649 F.2d 1207, 107 LRRM 2726 (6th Cir. 1981); NLRB v. Postal Workers, 618 F.2d 1249;103 LRRM 3045 (8th Cir. 1980); Segarra v. Sea-Land Service, Inc., 581 F.2d 291, 99 LRR
22198 (1st Cir. 1978); Foust v. Electrical Workers, IBEW, 572 F.2d 710, 97 LRRM 3040 (10th Cir. 1978), rev’d on other grounds, 442 U.S. 42, 101 LRRM 2365 (1979)."
It is possible that someone could discriminate against you because of the air carrier you used to be a part of, or if your seniority differs significantly from the person ignoring your opinion. This reminds me of a poem I once wrote:
There was a crooked man, and he went a crooked mile,
And found a crooked sixpence against a crooked stile,
He bought a crooked cat, which caught a crooked mouse,
And they all lived together in a little crooked house.
And found a crooked sixpence against a crooked stile,
He bought a crooked cat, which caught a crooked mouse,
And they all lived together in a little crooked house.
Keep asking questions. Ask a labor lawyer and you might get the representation you pay for.
Love,
Mother
