Does a union's decision that a particular grievance lacks sufficient merit to justify arbitration constitute a breach of the duty of fair representation?
MultiRegion, United States of America
The following excerpt is from Jones v. Department Store Employees Union Local 1100, 944 F.2d 908 (9th Cir. 1991):
[i]f a union's decision that a particular grievance lacks sufficient merit to justify arbitration would constitute a breach of the duty of fair representation because a judge or jury later found the grievance to be meritorious, the union's incentive to settle such grievances short of arbitration would be seriously reduced.
Vaca v. Sipes, 386 U.S. at 192-93.
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