QUESTION
Do I have a valid case against my union based on the duty of fair representation.
Asked on Oct 06th, 2012 on Business Law - North Carolina
More details to this question:
As a union member, my union is failing to take a grievance to the company because my union Leadership says it thinks we would lose the grievance, so we won't do anything.
1 ANSWER
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Generally speaking, the duty of fair representation does not mean that the union must take up every grievance tendered by an employee. The union may exercise reasonable discretion in determining what grievances to press and which to let go. This is so even if the grievance is "winnable" but the union determines for larger reasons not to take it up. DFR cases are extremely difficult to win and rarely succeed.
Answered on Oct 07th, 2012 at 5:36 AM