The Unions Duty Of Fair Representation - 876 Words

The unions duty of fair representation as stated in (FLRA, 2016)is the obligation set forth in the second sentence of section 7114(a)(1) of the Statute is commonly referred to as an exclusive representative s duty of fair representation. The Authority has interpreted this section to require an exclusive representative to represent the interests of all bargaining unit employees: 1) without discrimination; and 2) without regard to whether the employee is a dues paying member of the exclusive representative. The duty of fair representation is grounded in the principle that when a union attains the status of exclusive representative, it must use that power to fairly and equally represent all members of the unit. The union has met its obligation of fair representation when it has represented the employee fairly, in good faith, and without discrimination. In my opinion the union in the case cited did not meet its fair representation obligation due to not representing Green in good faith or without discrimination possibly on the grounds she is a non-dues paying employee. Therefore, her rights under the LMRA have been violated due to unfair labor practices. To reinforce my statement under the NLRB (NLRB, 2016) a union which represents you cannot refuse to process a grievance because you have criticized union officials or because you are not a member of the union. In the case cited Green was under the assumption when meeting with the Union Grievance committee she was participatingShow MoreRelatedThe Moral Theory Of Utility969 Words   |  4 PagesUnion buster Marty Leavitt does not operate under the concept of ethics of utility. The ethics of utility, also known as utilitarianism, focuses on maximizing net social welfare by creating the greatest good for the greatest number (of people). This concept differs greatly from the goals the union buster’s set out to achieve. The moral theory of Utilitarianisms, also known as free market, is the belief that maximizin g aggregate welfare, in which the greatest benefits are produced with the lowestRead MoreBell V. Legal Advertising Committee Essay1718 Words   |  7 PagesDefendant (Mountain States Union) for alleged breach of collective bargaining agreement and inadequate representation in grievance proceedings in breach of duty of fair representation. Issues 1. When did the six-month limitation period commence? 2. Did Lucas receive notice that the union abandoned the claim? Holding 1. The six-month limitation period for the hybrid duty of fair representation suits accrued when Lucas received the grievance status report stating that the union would take no furtherRead MoreThe Violation Of The First Amendment Essay1644 Words   |  7 PagesISSUE: Does having members who opt out of a union continue to pay agency fees violate the First Amendment to the Constitution? Friedrichs v. California Teachers Association 136 S. Ct. 1083, 194 L. Ed. 2d 255 The issue at hand is whether or not it is a violation of the First Amendment to the Constitution to require non-union members to pay agency fees. Agency fees are used to pay for representing employees and negotiating contracts, in addition to lobbying activities to support collective bargainingRead MoreLabor Laws Unions737 Words   |  3 PagesLabor Laws and Unions HRM/531 Labor Laws and Unions Unions employ labor laws to protect their members from organizations that operate in violation of the National Labor Relations Board. It is imperative that organizations such as Lewis Lambert have a clear understanding of their union contract and the laws set forth by the NLRB. Lewis Lambert Lewis Lambert is Sheet Metal Contracting entity located in Fort Worth, Texas established in 1965 that pridesRead MoreAnalysis Of The Case Friedrichs V. California Teachers Association1537 Words   |  7 Pageswhich just recently began oral hearings the week of January 11th, â€Å"centers on the questions of whether union dues are inherently political—and if they are†¦ whether employees who are not union members can be compelled to pay them† (KQED News). Those in favor of the plaintiff, Rebecca Friedrichs, a teacher from Orange County, believe that employees who are not union members should not have to pay union dues because the CTA cannot require its nonmembers to pay for political causes, seeing as doing so compelsRead MoreUnionization Of Home Based Workers1469 Words   |  6 Pagesconstitutional for the government to force unionization on home-based workers? ANSWER: Yes FACTS: On-union home-care personal assistants, who provided in-home care to disabled individuals through Medicaid-waiver programs run by the Illinois Department of Human Services, brought action against Governor in his official capacity, and three unions, challenging mandatory fair share fees paid to union. ANALYSIS: What is a Home-Based Worker? The initial question one must ask himself or herself when lookingRead MoreMovements for Social Change in an Integrated Global Economy Essay examples902 Words   |  4 Pages2010). The typical role of the labor union has been to help improve economic equality between workers and the companies that employ them; however, unions have also helped their members pursue political action and influence the electoral process to achieve their aims as well (Hodson Sullivan, 2008). Beyond unions, non-governmental organizations also pursue political action to address broad social issues like income inequality. Increasingly, both unions and NGOs are spanning national boundariesRead MoreEmployee Safety And Morale Are Important1363 Words   |  6 Pagesmorale are important. When employment began, people worked hard and it was all about production and demand. It appeared that ‘nobody’ cared about the average worker. The workweek was fifty-six hours, without the mention of breaks. Eventually, unions were formed by the employees’, which helped with some changes. The New Deal by President Hoover began the governmental changes for the employees. In today’s world, Human resource managers are becoming more aware of the many facets of their jobsRead MoreThe Court Cases Throughout History4226 Words   |  17 Pagesjurisdiction over the controversy, and also states the plaintiff’s claim. The Supreme Court case I chose was Marquez v. Screen Actors Guild, also shortened as SAG. The National Labor Relations Act allows a union to require a full membership as a condition of employment. It doesn’t require a union to specify the collective bargaining agreement that is in the basis of a contract. According to Turner (2001), Section 7 of the Nationals Labor Relations Act (â€Å"NRLA or â€Å"ACT†) shows that employees have theRead MoreFree and Fair Election1504 Words   |  7 PagesFree and Fair Election The electoral system have to be fair and just and to ensure this, free and fair election will be held when the Parliament is dissolved or finish it’s sitting duration of 5 years. A free and fair election must be in orderly manner and it must not have Coup d’à ©tat. Coup d’à ©tat is meant by a sudden decisive exercise of force in politics . It is an alteration of an existing government by a small group that tend to create riots and chaos. The current Malaysia government believe