As reported on the Hunton Employment & Labor Perspectives blog, the NLRB’s Office of the General Counsel (“the General Counsel”) recently issued an internal directive regarding the manner in which NLRB Regions prosecute duty of fair representation charges against unions. Under the National Labor Relations Act, unions have a duty of fair representation to the members of the bargaining unit it represents by engaging in conduct that is not arbitrary, discriminatory or in bad faith, particularly with regard to the processing of worker grievances.
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Earlier this month, a large coalition of trade groups filed a brief with the D.C. Circuit arguing that the NLRB’s decision in the Volkswagen challenge, allowing a union election in a “micro-unit” of maintenance workers at the company’s Chattanooga, Tennessee, auto manufacturing plant, should be rejected.
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