Errors and Responsibility

This does not mean that union representatives cannot make mistakes. The courts leave room for our human failings, even when they sometimes adversely affect our members. What the courts have determined is that we cannot be selected in good faith as the representative of the workers, and then disregard our responsibilities for no real reason. Nonetheless, members do become dissatisfied with union representation, and sometimes take their dissatisfaction to the courts in the form of a breach of the duty of fair representation (DFR) suit.

Although there is no foolproof way to avoid a lawsuit, particularly in the "sue now, pay later" kind of atmosphere being advocated in America today, there are a few basic things that can significantly protect stewards and other union representatives against successful DFR suits. Please note that these are merely guidelines and suggested approaches. Each local or council must, of course, develop and utilize a program which is best suited to its own internal structure and the provisions of the various collective bargaining agreements which it must negotiate and administer.