Synopsis By: Ray - Proceeding Author: Lester Asher, Bernard Dunau, Robert H. Kleeb, Leo Kotin, Clyde W. Summers

A panel presentation of the union’s duty of fair representation. Professor Summers discusses Vaca v. Sipes, traces the origin of the duty of fair representation [“DFR”] in contract negotiations and administration, and demonstrates its application in hypothetical cases of plant consolidations and processing grievance (including trading off grievances and failing to investigate). Lester Asher discusses the Teamster’s joint committees and safeguards. Bernard Dunau recommends that the union and employer agree to allow individual employees to prosecute grievances when the union refuses to do so. Robert Kleeb argues that Vaca was wrong to expose the employer to liability when the union is not a party to suit. Leo Kotin discusses practical and ethical issues faced by arbitrators in the DFR context, including requests for an “informed arbitration” decision.