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...