1. What law is the union's duty of fair representation governed by - federal
or state law?
NLRB which is a federal law, union owes a duty of fair representation to all of the workers it represents. This duty requires that the union act fairly, impartially, and without ill will or discrimination when pursuing a worker’s grievance or when negotiating a new contract with the employer. The union is required to take reasonable steps to investigate a grievance and must represent members in more than a dismissive manner.
2. Explain the union's duty of fair representation in processing grievances.
As an exclusive bargaining agent, a union has a duty to fairly represent both members and nonmembers who are within the bargaining unit. A duty of fair representation includes a union’s responsibility to bargain for and to enforce the collective bargaining agreement, as well as process meritorious grievances filed by the employees within the bargaining unit. A breach of the duty of fair representation is a violation of law.
3. Explain the union's duty of fair representation in contract negotiations.
Union has the duty to represent all employees - whether members of the union or not-fairly, in good faith, and without discrimination. This duty applies to virtually every action that a union may take in dealing with an employer as your representative, including collective bargaining, handling grievances, and operating exclusive hiring halls. For example, a union which represents you cannot refuse to process a grievance because you have criticized union officials or because you are not a member of the union. But the duty does not ordinarily apply to rights a worker can enforce independently
