ERIC Number: ED165267
Record Type: Non-Journal
Publication Date: 1978
Reference Count: N/A
Fair Representation, the NLRB, and the Courts. Labor Relations and Public Policy Series No. 18.
Boyce, Timothy J.
This monograph analyzes the law of fair representation, as applied by the National Labor Relations Board and the courts, and its implications for individuals, union officials, and management. As employees increasingly turn to judicial and administrative agencies to protect their rights, the duty of fair representation has become a doctrine of growing importance for unions and employers. Since Steele v. Louisville and Nashville Railroad, the duty of fair representation has been defined as the obligation of the union, as exclusive bargaining agent, to represent fairly and impartially the members in a given bargaining unit. A breach of that obligation can result in an employee suit against the union for injunctive relief and damages. The author devotes individual chapters to the history of the duty of fair representation, negotiation, contract administration, arbitration, jurisdiction, and procedure. He emphasizes the continuing uncertainty over the final contours of the doctrine and its constant state of flux in the board and in the courts. The hesitant and often contradictory positions advanced by the board and the courts reflect a desire to strike a balance between individual union members and union interests as a whole. (Author/LD)
Descriptors: Arbitration, Collective Bargaining, Court Litigation, Labor Demands, Labor Legislation, Union Members, Unions
Industrial Research Unit, The Wharton School, University of Pennsylvania, Philadelphia, Pennsylvania 19104 ($8.95)
Publication Type: Books
Education Level: N/A
Authoring Institution: Pennsylvania Univ., Philadelphia. Wharton Industrial Research Unit.