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Originally recognized by the United States Supreme Court in a series of cases in the mid-1940s involving racial discrimination by railway workers' unions covered by the Railway Labor Act, the duty of fair representation also applies to workers covered by the National Labor Relations Act and, depending on the terms of the statute, to public ...
[4] Although the Court never specifically stated the magic words, this good faith duty has become widely recognized as the "duty of fair representation." [5] The Court opinion emphasized that it was especially concerned with the problem of economic hardships that would have resulted by the Railway Labor Act. The Court commented, "the minority ...
Chauffeurs, Teamsters, and Helpers Local No. 391 v. Terry, 494 U.S. 558 (1990), was a case in which the United States Supreme Court held that an action by an employee for a breach of a labor union's duty of fair representation entitled him to a jury trial under the Seventh Amendment.
Holding; The Railway Labor Act imposes on a labor organization, acting by authority of the statute as the exclusive bargaining representative of a craft or class of railway employees, the duty to represent all the employees in the craft without discrimination because of their race, and the courts have jurisdiction to protect the minority of the craft or class from the violation of such obligation.
The following is a list of unions and brotherhoods playing a significant role in the railroad industry of the United States of America.Many of these entities changed names and merged over the years; this list is based upon the names current during the height of American railway unionism in the first decades of the 20th century.
Communications Workers of America v. Beck, 487 U.S. 735 (1988), is a decision by the United States Supreme Court which held that, in a union security agreement, unions are authorized by statute to collect from non-members only those fees and dues necessary to perform its duties as a collective bargaining representative. [1]
The Railway Labor Act is a United States federal law that governs labor relations in the railroad and airline industries. The Act, enacted in 1926 and amended in 1934 and 1936, seeks to substitute bargaining, arbitration , and mediation for strikes to resolve labor disputes.
The American Railway Union (ARU) was briefly among the largest labor unions of its time and one of the first industrial unions in the United States. Launched at a meeting held in Chicago in February 1893, the ARU won an early victory in a strike on the Great Northern Railroad in the summer of 1894. [ 1 ]