Thurgood Marshall, Chauffeurs Teamsters and Helpers Local No…
“ Whether the employee sues both the labor union and the employer or only one of those entities, he must prove the same two facts to recover money damages: that the employer's action violated the terms of the collective-bargaining agreement and that the union breached its duty of fair representation. ”
Thurgood Marshall, Chauffeurs Teamsters and Helpers Local No…
“ The duty requires a union "to serve the interests of all members without hostility or discrimination toward any, to exercise its discretion with complete good faith and honesty, and to avoid arbitrary conduct." Ibid. A union must discharge its duty both in bargaining with the employer and in its enforcement of the resulting collective-bargaining agreement. Ibid. Thus, the Union here was required to pursue respondents' grievances in a manner consistent with the principles of fair representation. ”
Thurgood Marshall, Chauffeurs Teamsters and Helpers Local No…
“ On balance, our analysis of the nature of respondents' duty of fair representation action and the remedy they seek convinces us that this action is a legal one. Although the search for an adequate 18th-century analog revealed that the claim includes both legal and equitable issues, the money damages respondents seek are the type of relief traditionally awarded by courts of law. Thus, the Seventh Amendment entitles respondents to a jury trial, and we therefore affirm the judgment of the Court of Appeals. ”
