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Duty Of Fair Representation
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Duty Of Fair Representation
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Question:
Discuss about the Duty of Fair Representation.
Answer:
Introduction
The responsibility of fair representation in the private sector is not made from any statute. Instead it is created based on a judicially made federal law, a common doctrine which is incorporated under Labor Law. For the public sector such laws are created by the states Public Employment Relations Board. Fair treatment for all employees is the main subject matter of such a statue. (Levinson, 2007)
Ford Motor Co. v. Huffman, 345 U.S. 330 (1953)
Quoting from the “duty of fair representation” a trade union cannot act in any manner resembling an act of arbitrary, discrimination or bad faith about employees in an organization.
It is a case where there was an argument about how valid collective bargaining is for an employment. The employer wanted to determine seniority in his employees as credits for pre and post military services were given to them. Thus, the proceedings begun in the District Court of U.S. The respondent was Huffman acting on behalf of 275 employees from the Ford Motor Co. It was claimed that all members were lowered than what their present rank is for avoiding the collective bargaining agreements of senior employees. It was said that it was a violation of rights as all employees were under Selective Training and Services Act 1940. The District Court dismissed. They stated that this collective bargaining was an honest move for the interests of employees and was not a tool for showing hostility to veterans.
My opinion is in favor of the judgment made by the United States District Court. The seniority system being set up is not considered to be discriminatory, arbitrary or unlawful in the eyes of the Court. (Burton, 1953)
Reference
Levinson, R. (2007, p.1), The Duty of Fair Representation, Aaup.org
Burton. (1953), Legal Information Institute, law.cornell.edu
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