Question

Read Case Study 10-2, “Must a Union Process a Grievance of a Nonunion Employee?” on page 463 of your textbook. Then, answer the questions provided.

1. What are nonunion employee rights under the LMRA?

2. What is meant by the union’s duty of fair representation?

3. When has the union met its obligation of fair representation?

4. Has the union in this case met its fair representation obligation? Explain.

Answer 1

1. What are nonunion employee rights under the LMRA?

Non-union employees have the right to join the union if they would like to. They are not obligated to do so. They are able to participate in strikes if they choose to do so, again they are not obligated to do so. They can bargain and choose their own representatives (Organizing. n.d.).

2. What is meant by the union’s duty of fair representation?

Duty of fair representation is the responsibility of the union as an exclusive representative. The duty of fair representation is the legal duty of a union to represent all the employees in the bargaining unit equally, without any discrimination and in good faith, regardless of whether the employee is a union member or not. this duty requires that the union represent the interests of all employees fairly and impartially without any discrimination. It also requires that the discretion be exercised with good faith and that union must not act arbitrarily. A breach of duty of fair representation occurs when the union acts based on improper motivation or in manner which is arbitrary or inexcusably negligent (Duty of Fair Representation, n.d.).

3. When has the union met its obligation of fair representation?

The union has met their obligation of fair representation when the union has acted with proper motive, good faith, intent and purpose. They treat all members of the bargaining unit fairly. Unions will also work without hostility towards the employees. The unions decision is not arbitrary, wrongful or discriminatory (Bowel& Moore, 2016).

4. Has the union in this case met its fair representation obligation? Explain.

No, the union had not met the fair representation obligation for Ms. Green. But according to the National Labor Relations Act, it states that it does not contain any explicit provisions obligating the union to represent all bargaining unit employees. As with this case Ms. Swallows was a union employee and they heard her grievance and even reinstated her back to work. I believe that Ms. Green, who was a nonunion employee was told by the secretary that they would take care of it and was told to go to the cafeteria and wait for her. They did nothing for Ms. Green and she was not reinstated for her job. Because of this under a subsequent supreme court decision Ms. Green can file a claim breach of fair representation and is entitled to a jury trial