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NCJRS Abstract

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NCJ Number: 97699 Find in a Library
Title: Duty of Fair Representation (From Ethical Issues in Dispute Resolution, P 127-136, 1984, Charlotte Gold, ed. - See NCJ-97691)
Author(s): R Kirschner; B J Jacobsohn
Date Published: 1984
Page Count: 10
Format: Document
Language: English
Country: United States of America
Annotation: This workshop summary examines the U.S. Supreme Court's decision in Bowen v. United States Postal Service, suggests union approaches as a hedge to liability, reviews related court decisions, and describes the union's deficiency in Bowen.
Abstract: In Bowen, the court held that where a union is found to have breached its duty of fair representation, it is liable for all damages suffered by the employee involved, subsequent to the data on which an arbitration case would have been held. Several steps that a union may take to reduce its exposure as the result of Bowen are suggested. For example, an internal union review system could be adopted for considering an initial determination to process a grievance to arbitration. Additionally, a system could be adopted that would permit the affected employee to determine that a grievance should be processed through arbitration or some other administrative remedy. Finally, an indemnity provision in a collective bargaining agreement could be negotiated that would hold the union harmless against the Bowen damage awards. It is emphasized that the union's attitude about whether a case should go to arbitration should depend primarily on the standards that the courts apply in determining if the duty of fair representation requires arbitration. These aspects of various courts' determinations are considered. A total of 21 notes are included.
Index Term(s): Alternative dispute settlement; Arbitration; Collective bargaining; Unions; US Supreme Court decisions
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