Section 10 Missouri StandardMere Negligence Not a Breach of Duty

• Library: Emp-Emp Law 2000

In Roach v. Consolidated Forwarding Co., 665 S.W.2d 675, 681 (Mo. App. E.D. 1984), the Missouri Court of Appeals, Eastern District, clearly announced that negligent behavior on the part of a union does not breach its duty.

Whether a labor union breaches its duty by negligently representing one of its members in a grievance dispute with the employer was the issue. Although the United States Supreme Court has not addressed the issue, the lower federal courts have unanimously held that negligent conduct alone will not support an action for breach of the duty of fair representation.

Questions involving a labor union’s duty of fair...