ERIC Number: ED203428
Record Type: RIE
Publication Date: 1981
Reference Count: N/A
The Duty of Fair Representation in the Public Sector.
Kaufman, Eugene M.
Chapter 7 in a book on school law traces the development of the legal doctrine of the Duty of Fair Representation. The "duty" resulted from judicial rulings by the U.S. Supreme Court to fight discrimination in railroad workers' unions. Other cases followed and the court expanded the doctrine of fair representation beyond racial discrimination. The same standards of fair representation, which have been applicable in the private sector, have also been applied to the public sector. The concept of the duty of fair representation now puts the unions in a position of having to weigh each decision about whom they are going to represent and at the same time places employers in a position in which they have to ensure that the union represents its members properly. If representation is not adequate, the employer could be liable for damages. (Author/MLF)
Descriptors: Collective Bargaining, Compliance (Legal), Court Litigation, Employer Employee Relationship, Government Employees, Grievance Procedures, Labor Legislation, Legal Responsibility, Unions
Not available separately; see EA 013 472.
Publication Type: Books; Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Fair Representation; Supreme Court
Note: Chapter 7 of "School Law for a New Decade" (EA 013 472). For related documents, see EA 013 472-493.