Legal Definitions - fair representation

Fair Representation

In labor law, fair representation refers to the legal obligation of a labor union to represent all employees within its bargaining unit fairly, impartially, and in good faith. This duty extends to all aspects of the union's role, including negotiating collective bargaining agreements, administering those agreements, and processing individual employee grievances. It means a union must not act arbitrarily, discriminatorily, or in bad faith towards any of the employees it represents, whether they are union members or not.

Here are some examples illustrating the concept of fair representation:

• Imagine a union negotiating a new contract for a manufacturing plant. During the negotiations, the union leadership agrees to a significant pay raise for employees in one specific department, but offers only a minimal increase for employees in another department, despite both groups performing similar work and facing similar cost-of-living increases. If there is no objective, non-discriminatory reason for this disparity (e.g., different skill sets, market demand), the union might be violating its duty of fair representation by favoring one group of members over another without a legitimate basis.

• Consider an employee who believes they were unfairly disciplined and asks their union representative to file a grievance on their behalf. The union representative, however, dislikes this particular employee due to a past personal disagreement and intentionally delays filing the grievance until the deadline passes, making it impossible to pursue. This deliberate inaction, driven by personal animosity rather than a legitimate assessment of the grievance's merit, would constitute a breach of the union's duty of fair representation.

• A union represents a diverse group of healthcare workers, including many who speak English as a second language. When important notices about contract ratification votes or changes to health benefits are distributed only in English, and no efforts are made to provide translations or accessible explanations for non-English speaking members, the union could be failing its duty of fair representation. The union has an obligation to ensure all members have an equal opportunity to understand and participate in critical union processes, regardless of their language proficiency.