- June 10, 2021
- Duty of Fair Representation
Duty of fair representation and fair referral complaint. During local’s organizing drive of NABET members, consultant organizers mistakenly told Perry et al that the date upon which they signed their proof of membership card would be their seniority date and that they could finish their NABET projects. The local’s constitution provided that seniority should be calculated from the date of initiation not the date of signing the cards. After obtaining legal advice, the local applied the Constitution and downwardly adjusted the seniority of Perry et al. The local made a mistake but there were no facts alleged to support any claim that the organizers made the representations about seniority arbitrarily or in bad faith or for any discriminatory purpose. The local’s response to learning about the error was reasonable.