Section 1 Introduction: Nature of the Duty of Fair Representation

• Library: Employer-Employee Law 2008

The duty of fair representation (DFR) defines the legal obligation a private-sector union owes its members in virtually all aspects of their relationship. Essentially, the duty requires a union to act faithfully in the best interests of its constituency and to promote the interests of its membership. As long as unions discharge that duty honestly and without discriminatory intent, the courts afford them wide latitude in determining how to best represent their members. In short, unions function with a great deal of autonomy, and the courts have established a...