Duty of Fair Representation - The Role of the Arbitrator (From Decisional Thinking of Arbitrators and Judges - Proceedings, P 309-330, 1981, James L Stern and Barbara D Dennis, ed. - See NCJ-96265)

• NCJ Number: 96269
• Author(s): W Lewis
• Date Published: 1981
• Length: 22 pages
• Sale Source: Bureau of National Affairs; National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America
• Note: Available on microfiche as NCJ-96265.

Annotation

The legal doctrine of the duty of fair representation is applied to arbitrator functions.

Abstract

Whether arbitrators should have any concern that their awards may be challenged in court is considered, and several cases in which grievants questioned whether their unions would fairly represent them are analyzed. Two U.S. Supreme Court decisions (Vaca v. Sipes and Hines v. Anchor Motor Freight, Inc.) pertaining to obligations of unions to provide 'fair representation' to employees covered by collective bargaining agreements are examined. Situations in which a union may have breached its duty of fair representation are indicated, including when a union has processed an employee grievance and then undercut the employee's position in the grievance process, as well as when the union's conduct is 'wholly arbitrary,' i.e., without rational explanation. Finally, when a union violates Section 8(B)(1)(A) of the Labor Management Relations Act, it breaches the duty of fair representation. Some situations involving the duty of fair representation with which the arbitrator may be faced are addressed, and arbitrators are urged to get more involved in their cases. Specifically, when they believe that evidence is not being properly presented or that arguments are not being properly made, they should take corrective action. Steps that the arbitrator can take to ensure that a grievant is fairly represented are suggested. Nine references are included.