Author: Lea S. VanderVelde
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Union representation requires that some individual interests be sacrificed for the good of the majority. The duty of fair representation however, provides employees with some recourse when the union's actions have gone beyond the permissible standard of conduct in foreclosing arbitration of an employee claim. In the grievance and arbitration process of employment issues, the standard of analysis must balance the interests of the individual employee, the union and the employer. If the standard is set too high it may impair the collective strength of the union, and if set to low it may deny recourse to individuals and minorities that are truly denied valid claims for the good of the majority. This article recommends a model for union decisionmaking that reconceptualizes the duty of fair representation as due process. It suggests unions should be required to determine the merits of an employee's grievance through investigation and fact-finding, and pursue all grievances found to be clearly meritorious. Grievances that are found to be unmeritorious may be dismissed. By focusing on the grievance's merit, the union's decisionmaking will be most in line with the union's duty of fair representation. This model is worked out in each of the categories of fact situations found in cases to date. Such a fair process model brings better process and better justice from the process, as well as satisfaction for the parties concerned. Labor justice and labor peace are after all the goals of federal labor policy.
A Fair Process Model for the Union's Fair Representation Duty
Author: Lea S. VanderVelde
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Union representation requires that some individual interests be sacrificed for the good of the majority. The duty of fair representation however, provides employees with some recourse when the union's actions have gone beyond the permissible standard of conduct in foreclosing arbitration of an employee claim. In the grievance and arbitration process of employment issues, the standard of analysis must balance the interests of the individual employee, the union and the employer. If the standard is set too high it may impair the collective strength of the union, and if set to low it may deny recourse to individuals and minorities that are truly denied valid claims for the good of the majority. This article recommends a model for union decisionmaking that reconceptualizes the duty of fair representation as due process. It suggests unions should be required to determine the merits of an employee's grievance through investigation and fact-finding, and pursue all grievances found to be clearly meritorious. Grievances that are found to be unmeritorious may be dismissed. By focusing on the grievance's merit, the union's decisionmaking will be most in line with the union's duty of fair representation. This model is worked out in each of the categories of fact situations found in cases to date. Such a fair process model brings better process and better justice from the process, as well as satisfaction for the parties concerned. Labor justice and labor peace are after all the goals of federal labor policy.
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Union representation requires that some individual interests be sacrificed for the good of the majority. The duty of fair representation however, provides employees with some recourse when the union's actions have gone beyond the permissible standard of conduct in foreclosing arbitration of an employee claim. In the grievance and arbitration process of employment issues, the standard of analysis must balance the interests of the individual employee, the union and the employer. If the standard is set too high it may impair the collective strength of the union, and if set to low it may deny recourse to individuals and minorities that are truly denied valid claims for the good of the majority. This article recommends a model for union decisionmaking that reconceptualizes the duty of fair representation as due process. It suggests unions should be required to determine the merits of an employee's grievance through investigation and fact-finding, and pursue all grievances found to be clearly meritorious. Grievances that are found to be unmeritorious may be dismissed. By focusing on the grievance's merit, the union's decisionmaking will be most in line with the union's duty of fair representation. This model is worked out in each of the categories of fact situations found in cases to date. Such a fair process model brings better process and better justice from the process, as well as satisfaction for the parties concerned. Labor justice and labor peace are after all the goals of federal labor policy.
A Fair Process Model for the Union's Fair Representation Duty :
Author: Lea VanderVelde
Publisher:
ISBN:
Category : Labor laws and legislation
Languages : en
Pages : 0
Book Description
Publisher:
ISBN:
Category : Labor laws and legislation
Languages : en
Pages : 0
Book Description
The Duty of Fair Representation
Author: Jean Trepp McKelvey
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 130
Book Description
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 130
Book Description
The Changing Law of Fair Representation
Author: Jean Trepp McKelvey
Publisher: ILR Press
ISBN:
Category : Law
Languages : en
Pages : 316
Book Description
Conference papers on the state of case law and standards of trade union responsibility as regards fair representation in arbitration and grievance processing, USA - discusses inter-connected problems of jurisdiction, judicial procedure, Supreme Court pre-emptions, labour administration decision, etc. Resulting in general chaos and calling for law reform. References, statistical tables.
Publisher: ILR Press
ISBN:
Category : Law
Languages : en
Pages : 316
Book Description
Conference papers on the state of case law and standards of trade union responsibility as regards fair representation in arbitration and grievance processing, USA - discusses inter-connected problems of jurisdiction, judicial procedure, Supreme Court pre-emptions, labour administration decision, etc. Resulting in general chaos and calling for law reform. References, statistical tables.
Basic Guide to the National Labor Relations Act
Author: United States. National Labor Relations Board. Office of the General Counsel
Publisher: U.S. Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 68
Book Description
Publisher: U.S. Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 68
Book Description
The Taylor Law and the Duty of Fair Representation
Author: Philip L. Maier
Publisher:
ISBN:
Category : Collective labor agreements
Languages : en
Pages : 98
Book Description
Publisher:
ISBN:
Category : Collective labor agreements
Languages : en
Pages : 98
Book Description
The Unions Duty of Fair Representation as Interpreted by the Courts and the National Labor Relations Board
Author: George V. Murray
Publisher:
ISBN:
Category : Dissertations, Academic
Languages : en
Pages : 202
Book Description
Publisher:
ISBN:
Category : Dissertations, Academic
Languages : en
Pages : 202
Book Description
Exhaustion of Intra-union Remedies in Duty of Fair Representation Cases
Author: Jacqueline A. Shubatt
Publisher:
ISBN:
Category : Labor laws and legislation
Languages : en
Pages : 506
Book Description
Publisher:
ISBN:
Category : Labor laws and legislation
Languages : en
Pages : 506
Book Description
Fair Representation, the NLRB, and the Courts
Author: Timothy J. Boyce
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 212
Book Description
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 212
Book Description