Legal Question in Employment Law in Tennessee

Re: What type lawer ?

Your union owes you a "duty of fair representation" ("DOFR"). If your union does not represent you fairly you can sue them to get redress. To be successful in a DOFR case you must show two things:

1. The company has violated the contract; and,

2. Your union has not acted in good faith to pursue your rights.

Typically, these types of cases arise when the company fires a worker and the union either refuses to arbitrate the issue or does so, very badly with a poor result. There are other circumstances which could support a DOFR case.

Most labor or employment lawyers will consider taking a DOFR case. Lawyers who also represent labor unions are reluctant to take these cases. Our office has from time to time taken these cases. They can be very difficult to win because you have to prove both that the company violated the contract and the union acted in bad faith in its representation. If you need more information, please do not hesitate to contact me at 901.527.5522 or [email protected]