Duty of Fair Representation Litigation
Employees represented by a union can file claims against the union contending that the union failed to fairly represent them in connection with a grievance they have against the employer. Cary Kane has years of experience defending unions against these claims.
If the employer is in the private sector, the employee may bring his DFR claim against the union at either the National Labor Relations Board or by filing an action in federal court. If the employer is in the public sector in New York, the employee can either file a complaint with the Public Employment Relations Board or state court.
Often, when a private sector employee files his action against the union in state court, the first thing we do is remove the action to federal court. Federal courts frequently are more familiar than state courts with duty of fair representation claims and this helps move the case forward to a good result much faster than the average case in state court.
Time limits for removal or responding to a complaint in court or at one of the labor boards are tight and the union should immediately make counsel aware of the action.