Section 5 Forums in Which Duty of Fair Representation Litigation May Take Place

• Library: Emp-Emp Law 2000

Three separate forums are available to persons having duty of fair representation claims. They are federal court, state court, and the National Labor Relations Board (NLRB or Board). The availability of either the state court or the federal court for a fair representation claim was established in Tunstall v. Brotherhood of Locomotive Firemen & Enginemen, 323 U.S. 210 (1944), discussed in §10.2 above, and in Local 174, Teamsters, Chauffeurs, Warehousemen & Helpers of America v. Lucas Flour Co.,369 U.S. 95 (1962). The availability of federal and state forums exercising concurrent jurisdiction was reaffirmed in the landmark case of Vaca v. Sipes, 386 U.S. 171 (1967).

In Vaca, Mr. Owens, an employee of a packing company, sued his union in a class action in the Circuit Court of Jackson County, Missouri. The trial resulted in a verdict for the plaintiff in the amount of $7,000 in actual damages and $3,300 in punitive damages. The trial court set aside the judgment for the plaintiff and entered judgment for the defendant on the ground that jurisdiction of the subject matter had been preempted by federal law. The Kansas City Court of Appeals affirmed. During the pendency of the appeal, the plaintiff died and Sipes, as the administrator of the estate, was substituted...