4 edition of Fair representation, the NLRB, and the courts found in the catalog.
by Industrial Research Unit, Wharton School, University of Pennsylvania in Philadelphia
Written in English
Includes bibliographical references and index.
|Statement||by Timothy J. Boyce.|
|Series||Labor relations and public policy series ; no. 18, Labor relations and public policy series ;, report no. 18.|
|LC Classifications||KF3389 .B69|
|The Physical Object|
|Pagination||ix, 130 p. ;|
|Number of Pages||130|
|LC Control Number||78065072|
Jan 13, · 1. The duty of fair representation was created by:a. Statuteb. Judicial decisionc. Executive orderd. All othe the above2. Under federal legislation, national and international labor organizations must elect officers at least:a. Every three yearsb. Every one yearc. Every five yearsd. Every 10 years3. Local unions must hold elections at least everya. Three yearsb. One yearc. Five yearsd. No DFR recourse for NY State public sector employees On April 8, , the highest court in New York State upheld a rule which essentially prohibits public sector unionists from filing duty of fair representation (DFR) suits against their unions.
Start studying Chapter 3 - Labor Relations. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Search. Restricted the role of federal courts in labor disputes. Supervising and conducting representation elections. 2. Adjudicating employer and union unfair labor practices. Oct 18, · National Labor Relations Board’s field office staff have been directed to prosecute a broader array of cases against unions that engage in negligent behavior toward their members, according to an internal memorandum obtained by Bloomberg BNA.. The Office of the General Counsel Memorandum expresses a marked contrast to the Board’s historical position with respect to cases Location: 44 South Broadway, 14th floor, White Plains, , NY.
for a duty of fair representation, and consequently the agency created by the Act to protect unions from employer sanction, the National Labor Relations Board (NLRB), lacked jurisdiction over civil rights issues. Conversely, when the Civil Rights Act of was passed, it created the Equal Employment Opportunity. Dec 20, · Breininger v. Sheet Metal Workers/Opinion of the Court. permitting courts to hear fair representation claims against the union would create the danger of bifurcated proceedings before a court and the NLRB. The absence of a § claim, according to respondent, requires that we hold that the NLRB possesses exclusive jurisdiction over.
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Effective October 21,parties to unfair labor practice or representation cases processed in NLRB Regional Offices must submit all written statements, correspondence, position statements, documentary or any other evidence through the Agency’s electronic filing system (E-Filing).
The NLRB and the courts provide different solutions against unions that breached their duty of fair representation. Because the Board does not usually have the jurisdiction to enforce the collective bargaining agreement or to issue a remedial order against an employer that has violated it, the NLRB often cannot award complete relief to employees.
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The duty of fair representatio has next to nothing to do with accounting for union funds, other than indirectly as a consequence of the courts' extension of the duty of fair representation to cover the amount of dues that a union can charge non-members covered by a union security clause. Although the union's duty of fair representation was origi-nally a judicially created doctrine, it was stqbsequently em-braced by the National Labor Relations Board (NLRB).3 Since jurisdiction over union activity is concurrent, no election of remedies is required and the union's breach of its duty of fair.
The duty is intended to ensure fair treatment to all employees in a bargaining unit who are represented by an exclusive bargaining agent. It seeks to ensure that unions and employers are sensitive to individual rights and interests of those not in the majority.
State and federal courts and the National Labor Relations Board (NLRB) have concurrent. Fair representation, the NLRB, and the courts / by Timothy J. Boyce. KF B69 Labor and the legislature: the West Virginia Labor Federation and the West Virginia Legislature, /.
California Public Employees and the Developing Duty of Fair Representation Barry Winogradt As traced by the author, a union's duty offair representation in Cali-fornia public sector labor law has statutory and common law origins, and arises in a variety of representational contexts, including grievance han.
"Topics covered include employer-mandated confidentiality agreements and arbitration agreements, employee handbook restrictions on employee activity alleged to be protected and concerted, the definition of critical terms such as 'supervisor' and 'independent contractor, ' the obligation of an employer to provide financial information requested by the union during bargaining, the rights of Cited by: 1.
FORDHAM URBAN LAW JOURNAL [Vol. XX Fair Representation: What the Courts Do In Fact, 34 BUFF. REV. 89 (); David L. Gregory, A Call for Supreme Court Clarification of the Union Duty of Fair Representa- NLRA also created the National Labor Relations Board ("NLRB"). Nevertheless, courts have imposed a duty of fair representation on unions.
because a union chosen by a majority of employees is granted the exclusive right to act as bargaining agent for all employees in that bargaining unit. Under. Boyce, Fair Representation. Although the union is not obligated to process all grievances, it must make this determination in a fair, non-arbitrary and good faith manner.
Duty of Fair Representation also applies to Non-members. Courts have held that a union’s duty of fair representation applies to all employees in the bargaining unit, including non-members. Aug 17, · NLRB, F.3d (D.C. Cir. In summary, based upon duty of fair representation considerations alone, the weight of authority under the NLRA is that employees raising duty of fair representation claims cannot be required to exhaust internal union dispute resolution procedures before filing unfair practice charges.
CAN NEGLIGENT REPRESENTATION BE FAIR REPRESENTATION. AN ALTERNATIVE APPROACH TO GROSS NEGLIGENCE ANALYSIS Neglgentprocessing of an employee's grievance by his or her union is apersistent analyticalprobiem under the duty offair representation owed by a union to its mem-bers.
The General Counsel of the National Labor Relations Board suggested in aAuthor: Rita A. Bartnik. supra note 2, at ; Rabin, The Impact of the Duty of Fair Representation Upon Labor Arbitration, 29 SYRACUSE L.
REV. In addition to the processing of grievances, the duty of fair representation has been applied to a wide range of activities in.
efficiently and of the NLRB and the courts to review union determinations effectively. Both of these considerations argue against imposing too heavy a burden of fair representation upon unions.
The monograph could have delved further into the pragmatic and theoretical limita-tions of the duty of fair representation in order. Comment / The National Labor Relations Board and the Duty of Fair Representation: National Labor Relations Board v.
Miranda Fuel Co., F.2d (2nd Cir. ) MUCH CONTROVERSY WITHIN THE FIELD OF LABOR LAW has resulted from the re- cent attempt of the National Labor Relations Board to exercise jurisdiction. Duty of Fair Representation. P.J. recently started as a machinist with BalPour, a unionized concrete plant.
He was trying to decide if he wanted to join the union, so he attended the quarterly. On February 22,Conley filed an unfair labor practice charge with the National Labor Relations Board (NLRB). On May 31,the general counsel denied Conley's appeal from .The Legal Future of Employee Representation, 10 LAB.
LAW. () (book reviews). The Role of Unions in the Rights-Based Workplace, 25 U.S.F L. REV. (). Some Comments on Obscenities, Health and Safety, and Workplace Values, 34 BUFF. L. REV. () An Overview of the Chadha Case, 35 SYRACUSE L.
REV. ().LABOR LAW: FIFTH CIRCUIT DETERMINES THAT BREACH OF DUTY OF FAIR REPRESENTATION CONSTITUTES AN UNFAIR LABOR PRACTICE In the first case in which the issue was the subject of an appeal, the Fifth Circuit held that a labor union's breach of its duty of fair representation -by racially discriminating among its members consti.