Section 7 Standards Applied by the Courts

• Library: Emp-Emp Law 2000

The two leading United States Supreme Court cases defining the duty of fair representation are 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). Because of the varied formulations used by the Court in defining the duty in these two cases, the lower federal and state courts have applied different “word tests” for judging union conduct. Before discussing these standards, it should be pointed out that...