Clarity Clarity of parties, participants, and constituents about their obligations to constituents and statutes
Individual and group liabilities vary by subcultural group. Managers, for example, are personally and positionally liable for decisions made within the scope of their responsibilities. The extent of that liability or even its existence is often unknown to the union or to the individual employess. Conversely, the union, its elected officials and agents are legally obliged (liable) for specific services to members. Elected officials also have political liabilities. For its part, management may be unaware of or discount these union liabilities. In order to properly utilize the interest approach, parties must mutally invest in becoming more aware of the nature of each other’s liabilities.
William F. Kay and Patricia F. Lee, Where Interest Based Bargaining Meets Sunshine Requirements, VIEWPOINTS (v. 2, no. 2) (CFIER quarterly publication) (April 1994) at 6.
Rules of Civil Service
Government employers and employees are bound by rules of civil service.
United States Code Title 5. Government Organization and Employees
Code of Federal Regulations Title 5. Administrative Personnel
State laws/rules
Statutes on Legal Liabilities of Managers
Employee Retirement Income Security Act (ERISA)
Employees’ Compensation Acts (Workmen’s Compensation Acts)
Employees Vacation Act (Federal Employees Vacation Act)
Employer’s Liability Act (Workmen’s Compensations Acts)
Employment Act of 1946
Employment Security Act of 1960
Employment Security Amendments of 1970
Labor Disputes Act (Norris-La Guardia Act)
Labor-Disputes Joint Resolution
Labor Law (Contract Work Hours Standards Act)
Labor Management Cooperation Act of 1978
Labor-Management Relations Act, 1947 (Taft-Hartley Act)
Labor-Management Reporting and Disclosure Act of 1959 (Griffin-Landrum Act or Landrum-Griffen Act) (LRMDA)
Labor Relations Act (National Labor Relations Act)
Racketerer Influenced and Corrupt Organizations Act (RICO)
Labor Unions - Duty of Fair Representation
Henry H. Perritt, Jr., EMPLOYEE DISMISSAL LAW AND PRACTICE (3d ed.) (1992). (legal treatise).
Peter Broida, A GUIDE TO FEDERAL LABOR RELATIONS AUTHORITY LAW & PRACTICE (1995).
Barry Winograd, California Public Employees and the Developing Duty of Fair Representation, INDUSTRIAL RELATIONS LAW JOURNAL (1987) 417-439
Paul I. Weiner, Statutory Basis and Source of the Duty of Fair Representation, in HANDLING AND PREVENTION OF FAIR REPRESENTATION AND BREACH OF LABOR CONTRACT CASES: MANAGEMENT AND UNION VIEWPOINTS, Litigation and Administrative Practices Course Handbook Series, Practising Law Institute, 278 PLI/Lit 7 (Feb. 1, 1985).
Helpful Periodicals
LABOR LAW
INDUSTRIAL RELATIONS LAW JOURNALS
BNA LABOR REPORTS