What is the Duty of Fair Representation?
The duty of fair representation grew up in the private sector and has, over the last several decades, been extended to the public sector as well. Under the duty of fair representation, the association must represent all employees in the bargaining unit with absolute fairness and impartiality. The association must act for, not against the unit members.
However, a union must be free to make compromises, which, in its judgment, are in the best interests of the majority of the bargaining unit and, equally important, which strengthen its own institutional position.
A union may not, however, arbitrarily refuse to process a meritorious grievance or decline to proceed to arbitration because of hostility to the grievant or irrelevant or invidious considerations. Non-membership is not a valid reason to discriminate. Remember, as exclusive representative, the association represents all members of the defined bargaining unit, not merely members of the association.
The association is obligated not to discriminate in the selection of which grievance to pursue or in providing assistance throughout the process. While the association is not obligated to carry every grievance to arbitration, the association must base its decisions on valid reasons.
An organization which breaches its duty of fair representation exposes itself to substantial financial liability. Local associations must carefully weigh all relevant factors before making decisions on grievances.
Use Your Educator Voice.
SDEA VESI Online Course Offerings
Three Online Graduate Courses. Up to nine credits for $275 TOTAL!
South Dakota Education Association (SDEA) has partnered with Augustana University and VESi to offer members a yearly subscription to online graduate courses for $275 per year. You can enroll in one course per term or two courses during the summer (if you skip fall or spring), for a total of 3 courses per year.
