RIGHTS
                          OF UNION
                          MEMBERS                               A labor union owes its                                                               members a duty known
                                                          as the Duty of Fair                                                                     Representation.  There
                                                          are three ways  in which
                                                   that duty is violated – by
                                                          conduct that is in bad
                                                          faith, arbitrary, or
                                                          discriminatory.
                                                           
                                                         Courts have described
  that duty as the corollary
  to the fact that union members cede to their union the right to
  bargain with the employer.  Courts recognize the need of labor
  unions to have leeway in their operations, but hold unions to this
  minimum standard of good behavior.  A union does not violate
  its duty of fair representation if it merely
  makes a bad decision or behaves
  negligently – it takes more than that to
  violate the duty.
 
  Perhaps the most important - or at least
  the most immediate - thing a union
  member needs needs to know about the Duty of Fair
  Representation is that it has a very short limitations period --
  six months from when the duty is breached or when a union
  member reasonably would know of the breach.  It is thus
  crucial to get prompt legal advice.
I've prosecuted many lawsuits
in the area of federal labor
law, especially in the aviation industry.  I've represented pilot groups at
many airlines and have handled class actions in this area of the law
 
  Did you know . . .

   - That the duty of fair representation  
  was created by the United States
  Supreme Court?

    -  That federal labor law in the aviation
  industry is governed by the Railway
  Labor Act?
 
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        My office is conveniently located in lower Manhattan, about 30 minutes from  LaGuardia International Airport and Newark International Airport, a bit longer from JFK International Airport.
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                 (212)
             791-6240
Law Offices of Michael S. Haber, 225 Broadway, Suite 3010, New York, New York 10007         (212) 791-6240
212-791-6240
225 Broadway, Suite 3010
New York, New York 10007

Copyright 2011: Michael S. Haber Law | Manhattan Lawyer. All Rights Reserved.
Tip:  Before hiring an attorney to handle a Duty of Fair Representation lawsuit against a labor union, make sure that the attorney is experienced in this area of the law.  Don't ask about his or her general litigation experience; ask about his or her DFR litigation experience.
duty of fair representation attorney
duty of fair representation lawyer
Click For My Quick Legal Guides About The Duty of Fair Representation:
    "A Labor Union's Duty To Fairly Represent Its Members"   
    "When Does The Clock Start Running On A Labor Union's Duty To Fairly
      Represent Its Members?"
    "Preemption of State Law In Certain Suits Against Labor Unions" 

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