Labor Law
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Authors
Byam, Joseph C.
Issue Date
1981
Volume
14
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Of the many labor cases decided by the Eighth Circuit Court of Appeals during the survey period, the most noteworthy was Smith v. Hussmann Refrigerator Co. In that case, the court considered the doctrine of the duty of fair representation and found grounds for a breach of that duty when a union chose to process job bidding grievances on the basis of strict seniority rather than merit. The court's decision in Hussmann drew immediate comment, and the case continues to raise questions about the nature of a union's duty of fair representation during grievance proceedings. In prior labor cases, the Eighth Circuit has contributed often to the federal courts understanding of the duty of fair representation, and Hussmann is a striking example of the circuit's latest reading of this problematic doctrine...
Description
Citation
14 Creighton L. Rev. 1186 (1980-1981)
Publisher
Creighton University School of Law