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Union did not breach its duty of fair representation by distributing grievance settlement fund to members even if they had not filed a grievance

Union did not breach its duty of fair representation by distributing grievance settlement fund to members even if they had not filed a grievance
Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/
Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Thompson v. Transportation Union, ___F.3d___(8th Cir. Dec. 8, 2009), is an interesting case. Railway union did not breach its fair-representation duty to former members when, after discovering that grievance settlement fund exceeded outstanding claims, it scrapped plan to make pro rata payments from fund to qualified grievants and instead used fund surplus to cover administrative expenses and to make distributions to all active union members regardless of whether they had filed covered grievances.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on February 06, 2010 (boomark / email).