Section 11 Intentional Bad Faith Conduct

• Library: Emp-Emp Law 2000

With regard to the dichotomy between the standards adopted by the Supreme Court in Vaca v. Sipes, 386 U.S. 171 (1967), and Amalgamated Ass’n of Street, Electric Railway & Motor Coach Employees of America v. Lockridge, 403 U.S. 274 (1971), the Eighth Circuit has ruled inconsistently with regard to whether intentional or bad faith conduct is necessary for proving a breach of the duty of fair representation. In two cases decided under the Railway Labor Act, 44 Stat. 577, the court explicitly cited Lockridge...