NLRB General Counsel Issues Clarification Memo on Duty of Fair Representation

On March 26, 2019, the NLRB General Counsel issued more instructions regarding a union’s Section 8(b)(1)(A) Duty of Fair Representation. Local unions need to be careful.

“In circumstances where a union has lost track or forgotten about a grievance, ‘mere negligence’ ordinarily will not excuse the union unless it can show that it was following a reasonable tracking system or reasonable procedures for handling grievances. Similarly, when a union is accused of failing to communicate the status of a grievance or respond to inquiries by the charging party, the union must have a reasonable explanation for the failure to communicate.”

March 26, 2019 Clarification:

October 24, 2018 Instructions:


 

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