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Unions in the US have a duty of fair representation to all employees, including non-union members. The National Labor Relations Act enforces this duty, requiring unions to treat all complaints equally and investigate reasonably. Union stewards are the first line of defense, but employees can sue if they feel unfairly represented. Unions also have other responsibilities, such as negotiating collective bargaining agreements, which are held accountable by labor laws.
The duty of fair representation is a responsibility of unions in the United States. Under the law, unions must represent all employees fairly and without bias, including employees who are not union members. Acting as a negotiator on behalf of employees in a variety of situations, the union has a responsibility to represent their interests fairly and reasonably. If a union fails to fulfill this responsibility, penalties can be expected, including lawsuits brought by employees who believe they have not been fairly represented.
The National Labor Relations Act plays a key role in enunciating the duty of fair representation, as does the Railway Labor Act. The duty of fair representation requires that unions treat all complaints equally and proceed with reasonable complaints. Unions are not required to file nagging grievances or questionable claims, but if a claim is denied based on discriminatory attitudes such as racism or dislike of the plaintiff, the union can get into trouble.
Union stewards are the first line of defense when it comes to upholding the duty of fair representation. All employees can approach the union steward for assistance with a workplace issue. An employee can indicate an intention to file a complaint. The administrator is required to investigate and document the investigation. If the steward believes the complaint has no merit, the union may choose not to pursue it. It is not possible to represent all complaints and stewards may use some discretion, but they usually choose to pursue a complaint if it has some merit and there is concern about a potential claim for discrimination.
Employees who claim to have been rejected by their union directors must be able to demonstrate the merits of a complaint and provide evidence of discriminatory attitudes. Someone who has been harassed for not joining the union, for example, might argue that a steward clearly viewed the complaint as prejudicial and didn’t investigate thoroughly or dismissed it even if it was valid. It is recommended that you keep records of the complaint reporting process and request an investigation, as well as the explanation given by the commissioner if the union chooses not to follow up.
Unions have a number of other responsibilities under the law, not just a duty of fair representation. Collective bargaining agreements, where unions are allowed to negotiate on behalf of the entire workforce, are very powerful and there is a risk of abuse. A union might make unreasonable concessions, for example, or might not reasonably represent workers in negotiations with their employer. Labor laws are used to hold unions accountable and set basic standards for behavior and operations.
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