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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 ...
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.
Mr. Charles H. Houston for plaintiff, Tom Tunstall. Mr. Harold C. Heiss for respondent, The Brotherhood of Locomotive Firemen and Enginemen. Chief Justice Stone delivered the opinion of the Court, which held that the Railway Labor Act imposed on unions a "duty to exercise fairly the power conferred upon it in [sic] behalf of all those for whom it acts, without hostile discrimination against them."
Such agreements can be incorporated into union contracts to require employees who are not union members to contribute to the costs of union representation. Unlike the right to work definition as a human right in international law , U.S. right-to-work laws do not aim to provide a general guarantee of employment to people seeking work but rather ...
Louisville & Nashville Railway Co., 323 U.S. 192 (1944) Imposed duty of fair representation on labor unions, requiring that they represent all members of their bargaining unit equally, without regard to race or union membership (later understood to include other protected categories, and eventually all misfeasance or malfeasance in the act of ...
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.
Union shops, still permitted, require new recruits to join the union within a certain amount of time. The National Labor Relations Board and the courts have added other restrictions on the power of unions to enforce union security clauses and have required them to make extensive financial disclosures to all members as part of their duty of fair ...