Grievance and arbitration processes

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Grievance and arbitration processes are very effective. Even a non union employee has substantial rights under the LMRA. Under the LMRA, a non union employee can participate in workers activities such as strikes and picketing, join a union, or bargain collectively through representative of their own choosing. Further, under the Labor-Management Relations Act, an employee can bargain with employers, distribute union literature, and not be discriminated against for union related activities. Employees are protected by the Labor-Management Relations Act against eves-dropping on employee's union activities. Employees have the right not to be blacklisted for union related activities, not be asked about past union activities, and discuss their grievances through authorized union representatives (Twomey. D, 2009) .

Union's duty of fair representation means that the union as the exclusive representative has the duty to equally, and in good faith, represents every employee in a bargaining unit. This is irrespective of whether a person is a union member or not. This duty of the unions arises out of the NLRA under which the unions hold exclusive representative status. The union is required by the NLRA to serve the interests of all employees without hostility or discrimination, that discretion be exercised in good faith and honesty, and that the union should not act arbitrarily. If the union follows some basic principles in grievance handling then failure to represent charge will not hold against it.
In the case study the union has not met its obligation of fair representation. Even though Swallows and Green both met the Union Grievance Committee, the union filed a grievance for Swallows and not for Green. She had adequately communicated her grievance to the union and asked them repeatedly to file her ...