D.F.R. Checklist
For stewards and union representatives, the close attention of the courts to the matter of the duty of fair representation should not be a source of anxiety or doubt about their ability to help workers with grievances.
There is no secret method for processing grievances known only to "competent professionals" to fulfill the duty of fair representation. Nor is there a legal trap ready to be sprung for the unwary grievance representative who steps over an imaginary line in a maze drawn by the courts. By following these recommendations, a steward, staff representative, grievance committee, or anyone who works with grievances on behalf of the union can be confident that they will fulfill the duty of fair representation:
- Follow the Steward Manual for the investigation, documentation, preparation, and presentation of grievances.
- Observe the contract provisions for grievance processing.
- Keep the worker informed about the progress of the grievance.
- Utilize the internal appeals process within the union where feasible and practical.
- Negotiate flexible time limits to allow for appeals or additional investigation.
- Always allow the grievant to submit more evidence or arguments for the grievance.
Remember that an informed and conscientious steward or grievance representative provides the most effective union representation and at the same time, reduces the likelihood of DFR litigation.
The Education Department also has available a video entitled The Duty of Fair Representation. For information about obtaining a copy, call the Education Department at (202) 429-1250.
