A no-strike clause is critical as it is a promise by unions that they will not strike. As such, work will continue despite having labor-management conflicts during collective bargaining. One of the principle remedies available to the employer is an injunction. This is in accordance with the Labor Management Relations Act section 301. This act provides that an employer can look for redress from a court if this provision is contravened by workers. Moreover, another available remedy is the arbitrator’s award. The arbitrator will make a cease and desist order that will force workers to comply with the no-strike clause. A court of law can also award employers remedies of rescission, discharge and/or damages. If the worker breached the contract, the employer would be permitted to rescind the contract. Otherwise, if the employer suffered damage due to the breach, he can sue for damages.
The duty of fair representation denotes exclusive representation of interest of all members of a bargaining union impartially. A union can only decline to voice the complaints of a member on grounds of rationality. The grievance cannot be declined for reasons based on irrelevant matters or hostility. Therefore, a decision to represent a member should base on the merits of the case. The standards of care include avoiding arbitrary conduct, honesty and good faith. A mistake or negligence does not constitute unfair representation. However, improper motive and conflicting interest can be a cause of action for unfair representation. The rule is meant to protect workers from arbitrary conduct and abuse of powers by union leaders. Redress is available to the worker who has suffered unfair representation. The worker can be awarded damages charged to the union for failing to fulfill their obligations. Damages for mental distress and attorney fees are also recoverable. A worker can also receive an equitable relief.
Works Cited
Snell, Scott A, et al. Compensation Administration. 15th Edition. Mason: Cengage Learning., 2010.
