DUTY OF FAIR REPRESENTATION
In acting as the spokesperson for the union and the bargaining unit employees it represents, the steward has a legal obligation to represent every employee in the bargaining unit fairly and without prejudice. This applies even to workers who are not union members, but who are covered by the collective bargaining agreement. A union violates the duty of fair representation when its conduct towards an employee in the collective bargaining unit (whether a member of the union or not) is arbitrary, discriminatory, or in bad faith. The union has a responsibility to fairly and fully investigate all grievances filed by any employee in the bargaining unit.
The following guidelines are suggested:
- Fully investigate all relevant facts from the grievant, witnesses, employer and all others involved.
- Meet with the grievant to verify that all information concerning the grievance is accurate.
- The steward and union representative should try to keep carefully written records of all actions taken relative to the handling of each grievance.
- Keep the grievant fully informed about the status of his/her grievance, even if it’s bad news.