Section 17 Choice of Forum

• Library: Emp-Emp Law 2000

As pointed out in §10.5 above, fair representation litigation may take place in either federal or state court or before the National Labor Relations Board (NLRB or Board). The virtue of proceeding at the NLRB is that it provides a relatively rapid and inexpensive means for having a fair representation claim investigated and an initial determination made as to the relative merits of the claim. If the Regional Director refuses to issue a complaint and that decision is upheld on appeal by the General Counsel...