Federal appeals court rejects a suit filed by a former police officer against the union for denying him representation; he waited 13 years before filing the civil action. Harmon v. PBA of City of N.Y., #05-6569, 2006 U.S. App. Lexis 24796 (2nd Cir. 2006). {N/R}
     Appellate court reaffirms a six-month time limit under Section 10(b) of the Taft-Hartley Act for a fire dept. paramedic to file a lawsuit against the union for failing to pursue a grievance over his suspension. Diaz v. Fire Fighters L-624, #04-04-00817-CV, 178 LRRM (BNA) 2455, 2005 Tex. App. Lexis 9036 (2005). {N/R}
     A public employee could not bring a malpractice action against the attorney provided by his union during his disciplinary hearing; "the union is ultimately responsible to the employee for any deficiency in the performance of the legal service," not the attorney hired by the union. Weiner v. Beatty, #39605, 113 P.2d 313, 2005 Nev. Lexis 28 (2005). {N/R}
     Illinois appeals court upholds a Labor Board ruling ordering a police union to stop refusing to process grievances of officers who gather signatures to have another union designated as the bargaining agent. Metrop. Alliance of Police v. Illinois Lab. Rel. Bd., #1-02-0960, 345 Ill.App.3d 579, 803 N.E.2d 119, 2003 Ill. App. Lexis 1563, 174 LRRM (BNA) 2043. [2004 FP Jun]
     Connecticut federal court rules that a police union did not act arbitrarily or breach its duty of fair-representation in failing to respond to all steps in the grievance filed by a police detective who challenged his removal from the department's emergency response team for allegedly violating the code of conduct. Barton v. City of Bristol, #3:02CV1210, 294 F.Supp.2d 184, 2003 U.S. Dist. Lexis 21623, 173 LRRM (BNA) 3045 (Conn. 2003). {N/R}
     Pennsylvania federal court holds that a union did not act arbitrarily, discriminatorily, or in bad faith in breach of its fair-representation duty when it withdrew from arbitration proceedings in behalf of a civilian employee who was fired for possessing a deadly weapon on the agency's premises, verbal assault, and engaging in conduct unbecoming, where union assisted the employee at all steps of the grievance procedure. Yon v. SEPTA, #01-5231, 2003 U.S. Dist. Lexis 20189, 173 LRRM (BNA) 3025 (E.D. Pa. 2003). {N/R}
     Union was not required to pursue arbitration of a grievance where one correctional employee sought a position wanted by another employee with more seniority. A union is not obliged to arbitrate a claim with little merit, especially when it would put one union member against another. DiGuilio v. R.I. Bro. of Corr. Off., #2001-611, 819 A.2d 1271, 2003 R.I. Lexis 83 (2003). {N/R}
     Correction officer could not sue the State for a violation of the bargaining agreement; only the union can sue, and the union has duty to the employees for fair representation. If that duty is breached, an employee can sue the employer directly. Matter of Sinacore, 716 N.Y.S.2d 412, 2000 N.Y. App. Div. Lexis 12043; prior decis. at 85 N.Y.2d 807, 651 N.E.2d 918, 1995 N.Y. Lexis 1170, 628 N.Y.S.2d 50. {N/R}
     N.Y. appellate court rejects suit by employee against his employer, after the union dropped prosecution of his grievance. Ponticello v. Co. of Suffolk, 640 N.Y.S.2d 170 (A.D. 1996). [1997 FP 46-7]
     Federal appeals court concludes that a terminated employee is not entitled to have his own attorney present at a grievance arbitration hearing. Garcia v. Zenith Electronics, 58 F.3d 1171 (7th Cir. 1995); reh. den. 1995 U.S.App. Lexis 20024. [1995 FP 174]
     Union breached duty to employee by using incompetent labor rep who failed to file a timely grievance. In the Matter of State of New York and Local 418 (Diaz), 18 PERB 3047, 2 Labor Lawyer (ABA) 590 (N.Y. 1985).
     Appeals court holds union had duty to represent officer in grievance arbitration, not at disciplinary hearing. Tchida v. Police Officers" Federation, 375 N.W.2d 856 (Minn. App. 1985).
     A union member was precluded from suing an union-provided attorney for malpractice. The union selected and compensated the attorney; there was no attorney-client relationship. "Although the attorney may well have certain ethical obligations to the grievant, his principal client is the union; it is the union that has retained him, is paying for his services, and is frequently the party to the arbitration proceedings." Peterson v. Kennedy, 771 F.2d 1244/at 1258 (9th Cir. 1994). {N/R}
     Supreme Court lets stand a $175,000 award to worker against union for "emotional distress" in refusing to arbitrate his termination. Sherrod v. Chauffeurs, Teamsters and Helpers etc., (Cal.App. 1979); cert. den. 100 S.Ct. 1024 (1980).
     New York PERB no longer requires departments to bargain over breathalyzer and polygraph tests for narcotics addiction. Division 241, Amal. Transit Union (AFL-CIO) v. Suscy, 405 F.Supp. 750 (N.D. Ill. Dec. 30, 1975).
     U.S. Supreme Court has held that in general, a union has not duty to represent a member of the bargaining unit in litigation, but it does have standing in court, should it choose to do so. Intern. Union UAW v. Brock, 477 U.S. 274 (1986).
     Federal appeals court upholds damage award against union for breach of its duty of representation. Union improperly refused to process the grievance of a terminated employee who insisted on employing his own attorney. Seymour v. Olin Corp., 666 F.2d 202 (5th Cir. 1982). {N/R}
     The failure of a union to process an employee's grievance, even if it is possible to demonstrate that the grievance is meritorious, does not necessarily give rise to a breach of the duty of fair representation. Turner v. Air Transp., 468 F.2d 297 (5th Cir. 1972). {N/R}
     Individual employees do not have an absolute right to have their grievances taken through the arbitration process. Vaca v. Sipes, 87 S.Ct. 903/at 917-8 (1967). {N/R}
     Suit against union for alleged discriminatory practices fails; no breach of duty of fair representation shown. Golden v. Local 55, Intnl. Assn. of Fire Fighters, 633 F.2d 817 (9th Cir. 1980).
     Union had no duty to "forcefully" contest layoffs; no breach of "duty of fair representation" found. NAACP v. DP.O.A., 821 F.2d 328 (6th Cir. 1987).
     Women get $275,000 from union and leader in sexual harassment case; duty of "fair representation" breached. DeLoache v. Hotel and Restaurant Emp. & Bartenders Union Local 28, Sup'r Ct., Alameda Co., Calif. (1980).
     Suit against union for alleged discriminatory practices fails; no breach of duty of fair representation shown. Golden v. L-55, IAFF, 633 F.2d 817 (9th Cir. 1980).