Section 19 Parties

• Library: Emp-Emp Law 2000

Because the duty of fair representation arises only when a union is the exclusive statutorily authorized bargaining agent for the employees, only a union that has been recognized or certified as the exclusive bargaining agent has the duty. Thus, where a local union affiliated with an international union is the exclusive bargaining representative and the international is not also certified or recognized or is not a party to the labor contract, the international union is not liable for the local union’s breach of the duty of fair representation. Wentz v. International Bhd. of Elec. Workers, 578 F.2d 1271 (8^th Cir. 1978). Similarly, a minority union is not bound by the duty of fair representation. Under the Railway Labor Act, 45 U.S.C. §§ 151, et seq., minority unions can represent employees before the National Railroad Adjustment Board. Under the National Labor Relations Act (NLRA), 29 U.S.C. §§ 151, et seq...