Legal Definitions - hybrid action

A hybrid action is a specific type of lawsuit brought by a union member against two parties simultaneously: their employer and their labor union. In this legal action, the union member claims that the employer violated the collective bargaining agreement (the contract between the employer and the union), and at the same time, claims that the union failed to adequately represent their interests, thereby breaching its "duty of fair representation." This type of lawsuit is "hybrid" because it combines these two distinct but related claims into a single legal proceeding.

Here are some examples illustrating a hybrid action:

• Example 1: Wrongful Termination and Union Neglect

  An employee, Sarah, is a long-standing member of a union and works under a collective bargaining agreement. She is suddenly terminated from her job, believing the termination violates the "just cause" clause in the agreement, which requires a valid reason and specific procedures for dismissal. Sarah immediately approaches her union for assistance, expecting them to file a grievance and advocate for her reinstatement. However, the union, without proper investigation or a valid explanation, refuses to pursue her grievance, effectively abandoning her case.

  This situation illustrates a hybrid action because Sarah would sue her employer for breaching the collective bargaining agreement by wrongfully terminating her, and simultaneously sue her union for breaching its duty of fair representation by failing to properly process her grievance and advocate on her behalf.

• Example 2: Seniority Dispute and Union Favoritism

  Mark, a unionized employee with significant seniority, applies for a promotion to a more desirable shift, believing he is entitled to it based on the seniority provisions outlined in the collective bargaining agreement. The employer, however, promotes a less-senior colleague. Mark files a grievance with his union, arguing the employer violated the agreement. During the grievance process, Mark observes that the union representative assigned to his case seems disinterested, misses important deadlines, and fails to present crucial evidence supporting his seniority claim, possibly due to internal union politics favoring the other employee.

  Mark could bring a hybrid action against his employer for violating the collective bargaining agreement's seniority rules by denying him the promotion, and against his union for breaching its duty of fair representation by inadequately handling his grievance and failing to advocate fairly for his rights.

• Example 3: Disciplinary Action and Inadequate Union Defense

  Maria, a union member, is suspended for three days without pay following an incident at work. She believes the employer's disciplinary action was excessively harsh and violated the progressive discipline procedures detailed in the collective bargaining agreement, which require warnings and less severe penalties for a first offense. Maria seeks her union's help, but the union representative, despite Maria providing evidence that could mitigate the disciplinary action, fails to interview key witnesses, neglects to present her defense effectively during the disciplinary hearing, and ultimately agrees to the suspension without a robust challenge.

  This scenario demonstrates a hybrid action because Maria would sue her employer for breaching the collective bargaining agreement's disciplinary provisions, and simultaneously sue her union for breaching its duty of fair representation by failing to adequately defend her during the disciplinary process.