Section 6 Standards Applied by the NLRB

• Library: Emp-Emp Law 2000

Defining the duty of fair representation is just about as illusory as defining “obscenity.” The NLRB General Counsel noted in an official memorandum on the subject:

The duty of fair representation has been described in all too many phrases, each of them somewhat vague and imprecise. The more important point is that this vast and confusing array of word-tests has had unfortunate consequences. Given the number of word-tests and the imprecision of each, a union can reasonably fear that a court or other tribunal could find any conduct that can somehow be characterized as “unfair” to be in breach of the statutory obligation. And it is not surprising that some courts have confirmed these fears by imposing their own standards on union conduct, and finding that these standards have not been met.

NLRB Gen. Counsel Mem. No.79-55 (July 9...