NLRB General Counsel Warning to Unions on Duty of Fair Representation

The NLRB General Counsel issued a stern warning to labor unions today on the Duty of Fair Representation (attached below). The Republican appointees on the board do not look kindly on unions. Congress took away our right to collect dues on nonmembers, but unions are still expected to represent everyone fairly and equally.

They are cracking down on the “mere negligence” defense.

“[W]here a union ultimately communicates with the charging party in a Section 8(b)(1)(A) duty of fair representation case only after he/she filed the ULP charge, such post-hoc communications should not furnish the basis for dismissal on grounds that the union’s conduct was mere negligence, nor should it be found to cure earlier violations resulting from a failure to communicate.”

We are going to see a lot more 60-day notices against labor unions.


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