What is the duty of fair representation?
The duty of fair representation is a legal requirement that unions must abide by in order to remain in good standing. This requirement is based on the National Labor Relations Act (NLRA), which is in place to ensure that workers have the right to collectively bargain with their employers. The duty of fair representation is the obligation of the union to represent all members of a bargaining unit equitably and without discrimination. This includes providing all members with current information and negotiating contracts that are fair and equitable to all members of the union. The duty of fair representation also requires unions to provide fair and impartial representation when dealing with grievances and disputes with employers. This includes providing all members of the bargaining unit with the same level of representation during the grievance procedure, regardless of the members’ status within the union. This means that a union must not favor certain members over others when it comes to dispute resolution. Finally, the duty of fair representation also requires unions to take action on behalf of all members, even if their individual interests do not align with that of the union. This is important for ensuring that the collective agreement between the union and the employer is negotiated fairly, in a manner that is beneficial to all members. In Washington state, unions must abide by the duty of fair representation in order to remain compliant with the NLRA, and they can be held liable if they fail to do so. It is important that unions protect the rights and interests of all their members in order to create an equitable and just labor environment.
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