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The individual employee’s rights under the collective bargaining agreement: What constitutes fair representation

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 …

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Intervention: Rights and policies

A discussion of the opposing theories underlying the alternatives to intervention by interested employees in grievance arbitrations. The theory espoused by one of the principal proponents, Professor Clyde W. Summers, that the individual employee has the right to sue the employer separately for breach of contract, is contrasted with the theory espoused by then Solicitor …

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