Duty of Fair Representation (DFR)
The union’s legal obligation to represent every member of the bargaining unit fairly, in good faith, and without arbitrary, discriminatory, or bad-faith conduct.
Full definition
The Duty of Fair Representation (DFR) is a legal obligation imposed on every union that holds exclusive bargaining rights for a bargaining unit. It originates from the U.S. Supreme Court decisions in Steele v. Louisville & Nashville Railroad (1944) and Vaca v. Sipes (1967). A union breaches the DFR when its conduct toward a member is arbitrary, discriminatory, or in bad faith — for example, refusing to process a meritorious grievance for personal reasons, or representing one member while ignoring an equally situated one. DFR claims can be filed with the NLRB or in federal court. A strong grievance-tracking system with documented decision rationale is the single best defense against DFR claims.
Related terms
Grievance
A formal complaint that the employer has violated a provision of the CBA, past practice, or applicable law.
Bargaining Unit
The group of employees a union represents for purposes of collective bargaining, as determined by the NLRB or state board.
National Labor Relations Board (NLRB)
The federal agency that enforces the National Labor Relations Act, conducts union elections, and investigates unfair labor practices.
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