Section 8 Vaca v. Sipes

• Library: Emp-Emp Law 2000

In Vaca v. Sipes, 386 U.S. 171 (1967), the Court defined the duty as: “A breach of the statutory duty of fair representation occurs only when a union’s conduct toward a member of the collective bargaining unit is arbitrary, discriminatory, or in bad faith.” Id. at 190 (emphasis added). Previously, in Humphrey v. Moore, 375 U.S. 335 (1964), the Court spoke in terms of “arbitrary discrimination.” This was the Court’s first use of the word “arbitrary” alone in describing a breach of the duty. After discussing the “considerable debate” in law journals about the then-perceived extent of the duty, ranging from an absolute right of every bargaining unit member to have each grievance processed to arbitration, to a...