FREQUENTLY ASKED QUESTIONS

Unions owe a duty of fair representation to all the employees in a bargaining unit they represent, whether they are union members or not. The U.S. Supreme Court has said that the duty is breached when a union’s actions toward an employee it represents are “arbitrary, discriminatory, or in bad faith.” Vaca v. Sipes, 386 U.S. 171, 190 (1967).

Many jurisdictions follow that standard, but the exact details of what the duty requires may vary by jurisdiction and circumstances. When it comes to grievances, some states allow nonmembers to represent themselves, at least in the first stages, while others permit unions to not represent nonmembers in “individualized” grievances.

The Fairness Center has represented clients, like Connecticut teacher John Grande, who have alleged that their union violated the duty of fair representation because they were not union members  or because union officials misrepresented important information during collective bargaining, as was the case with Pennsylvania employee Mark Kiddo and his colleagues.

NOTE: If you have questions about this topic, or think you have a legal issue, consider contacting a lawyer. Fairness Center lawyers represent clients for free and can be reached here or at 844.293.1001. We strongly encourage you to pursue with haste any legal claim you believe you may have, as the mere passage of time may prevent you from exercising possible legal claims.

In New York, one of the laws that regulates public employment is Article 14 of the Public Employees Fair Employment Act, also known as the Taylor Law. It contains a definition of improper practices by labor organizations at N.Y. Civ. Serv. Law § 209-a, which include:

(a) to interfere with, restrain or coerce public employees in the exercise of the rights granted in section two hundred two, or to cause, or attempt to cause, a public employer to do so provided, however, that an employee organization does not interfere with, restrain or coerce public employees when it limits its services to and representation of non-members in accordance with this subdivision;

(b) to refuse to negotiate collectively in good faith with a public employer, provided it is the duly recognized or certified representative of the employees of such employer; or

(c) to breach its duty of fair representation to public employees under this article.

In Pennsylvania, some of the laws that regulates public employment include the Public Employe Relations Act (PERA) and the Policemen and Firemen Collective Bargaining Act (Act 111). PERA contains a definition of unfair labor practices at 43 P.S. § 1101.120.

In Connecticut, some of the laws that regulate public employment include the Municipal Employee Relations Act (MERA), the State Employee Relations Act (SERA), and the School Board Teacher-Negotiations Act (TNA). MERA contains a definition of unfair labor practices at Conn. Gen. Stat. § 7-470, and SERA contains a definition of unfair labor practices at Conn. Gen. Stat. § 5-272.

For federal employees, some of the laws that regulate employment include the Civil Service Reform Act and the Federal Service Labor-Management Relations Statute (FSLMRS). The FSLMRS contains a definition of unfair labor practices at 5 U.S.C.S. § 7116.

NOTE: If you have questions about this topic, or think you have a legal issue, consider contacting a lawyer. Fairness Center lawyers represent clients for free and can be reached here or at 844.293.1001. We strongly encourage you to pursue with haste any legal claim you believe you may have, as the mere passage of time may prevent you from exercising possible legal claims.

In some states, an employee organization, or union, can be certified by a state entity, like a labor board or government employer, to be the “exclusive representative” of a group of employees, known as a bargaining unit. While the exact details vary by state law, the exclusive representative gains certain rights, such as being the only entity that can negotiate with the employer over employees’ terms and conditions of employment.

When it comes to grievances, some states allow nonmembers to represent themselves, at least in the first stages, while others permit unions to refuse to represent nonmembers in “individualized” grievances. The rules vary by jurisdiction, and the facts and circumstances of each situation vary.

NOTE: If you have questions about this topic, or think you have a legal issue, consider contacting a lawyer. Fairness Center lawyers represent clients for free and can be reached here or at 844.293.1001. We strongly encourage you to pursue with haste any legal claim you believe you may have, as the mere passage of time may prevent you from exercising possible legal claims.

Unions owe a duty of fair representation to all the employees in a bargaining unit they represent, whether they are union members or not. The U.S. Supreme Court has said that the duty is breached when a union’s actions toward an employee it represents are “arbitrary, discriminatory, or in bad faith.” Vaca v. Sipes, 386 U.S. 171, 190 (1967).

Many jurisdictions follow that standard, but the exact details of what the duty requires may vary by jurisdiction and circumstances.

The Fairness Center has represented clients, like Connecticut teacher John Grande, who have alleged that their union violated the duty of fair representation because they were not union members or because union officials misrepresented important information during collective bargaining, as was the case with Pennsylvania employee Mark Kiddo and his colleagues.

NOTE: If you have questions about this topic, or think you have a legal issue, consider contacting a lawyer. Fairness Center lawyers represent clients for free and can be reached here or at 844.293.1001. We strongly encourage you to pursue with haste any legal claim you believe you may have, as the mere passage of time may prevent you from exercising possible legal claims.