Legal Question in Employment Law in California

Can a Union Members sue the Union for non-performance?

Can a Union's Membership or an individual member sue the Union for non-performance? I belong to a Union that has continually decided at the last minute to cave into the Company's demands to drop pending Arbitrations leaving the members unprotected and feeling unrepresented.


Asked on 11/30/00, 9:14 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Can a Union Members sue the Union for non-performance?

A suit against your union for non-performance will not be successful. The National Labor Relations Act establishes limited claims against a union by members for a "failure to represent." You and your co-workers may want to consider a deauthoization election - to remove the union's right to require membership in the union as a condition of employment or a decertification election, to remove the union's representation rights. The National Labor Relations Board office in your area can provide you information regarding these procedures.

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Answered on 12/11/00, 12:46 am


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