Tactical Use of the Union's Duty of Fair Representation: An Empirical Analysis

Abstract

This paper presents the first empirical analysis to date of complainant behavior under the duty of fair representation. As a partial explanation for the growth in fair representation cases, the author hypothesizes that some workers file representation complaints for tactical purposes—that is, to acquire bargaining power in the grievance process or inflict political damage on incumbent union officers. The distribution of complaints and complaint outcomes across individuals and locals of one international union in British Columbia during 1975–83 supports the hypothesis. The author concludes that these results raise serious questions about the impact of the fair representation doctrine on the effectiveness of unions as bargaining agents and support the call of some scholars for reforms of that doctrine.