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. Some states permit unions not to represent nonmembers in “individualized” grievances. Also, some states allow nonmembers to represent themselves in grievances, at least in the first stages.

The Fairness Center has represented clients, like Connecticut teacher John Grande, who 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.