NLRB RAISES 'FAIR DUTY' STANDARD - Somewhat
quietly, the National Labor Relations Board's General Counsel recently issued
an "internal directive" regarding the duty of fair representation that could
impact unions under the NLRB's purview nationwide.
The "duty of fair representation" is, of
course, one of the fundamental requirements unions have to their members. We're
talking about decades of case law and complicated legalese, but over the years
the NLRB has typically found that "mere negligence" alone in representing a
member does not make a union guilty of violating the duty of fair
But the new NLRB directive toughens the
agency's perspective on this issue. Specifically, the directive states " ... the union should be required to show the
existence of established, reasonable procedures or systems in place to track
grievances." In other words, there's
a greater onus on unions to make sure each and every grievance is tracked from filing to adjudication.
Fortunately, as a Unions-America client, you
have the perfect tool available to ensure you're meeting this new, beefed up
NLRB requirement. Our GrievTrac system is a modern, digital, full-service
grievance tracking toolkit. No more shuffling paper into piles of folders -
although you can print any form you need at any time. Read more about GrievTrac
in our product feature below ... and here's a
link that explains more details on the NLRB directive.
'ALL POLITICS IS LOCAL' - Former U.S. House Speaker Tip
O'Neill is the person most closely associated with the "local politics" phrase,
although most historians agree an Associated Press bureau chief likely coined
the clichÃ© in 1932. No matter, but with the 2018 mid-term elections behind us,
the truth behind the thought still rings clear for labor unions.
In that regard, let's look past the national
scene - that's been covered ad nauseum on the national news. For public employees in particular,
from the perspective of the Janus decision anyway, it doesn't much matter who controls Congress, that Supreme
Court decision isn't going away.
What does matter, and what makes the Nov. 6
results so important, are the protections state legislatures can provide in light of Janus.
Again, they can't make it disappear, but states do have authority to soften the
consequences. For example, a Pennsylvania state representative wants to codify
elements of Janus into Pennsylvania
state law. Additionally, state Rep. Kate Klunk (R-York County) wants to add legislation that would require public employers
to include a notice each pay period that paying union dues and being in a union
is not a requirement in union-represented agencies. Other state
representatives and state senators in other states are busy hatching similar
Therefore, the fact that so many
labor-friendly lawmakers were elected at state levels Tuesday night could very
well prove to be more important over the next two years than the changes in
Congress. Union members must now be diligent to communicate with these newly
elected state officials and remind them who helped get them elected -
unfortunately, state legislatures nationwide are littered with "union
friendlies" (from both parties) who mysteriously forget once sworn into office.
We can't afford any more slippage.
NEWSLETTERS ARCHIVED ONLINE - Are
you new to receiving and/or reading our monthly newsletter, and are wondering
what you've missed this year? Was there a particular article from a couple of months ago you now wish you could go back and revisit?
We've made it simple for you to go back and
view earlier editions of the Union Leader. They have a new, permanent home on
our www.unions-america.com website. Just go to the site, hover over the "About Us" tab and you'll see all
of 2018's newsletters archived in one handy spot. We've had many people over
the course of the year ask to have a certain article re-sent - now, everything
is in one place ready and waiting when you need it!
CONTACT US - Our
customer service center is always ready to assist you. We have professional
support staff trained to get you answers and/or help you through an issue as
quickly as possible. E-mail us at support@UnionActive.com or call (888)
248-5557, Ext. 3.
FEATURE - As mentioned at the top, the new directive from the NLRB's
General Counsel makes this an opportune time for you to consider our
Unions-America GrievTrac grievance tracking system.
GrievTrac allows you to efficiently research,
collaborate, share, archive, and directly facilitate the grievance process
online. It's safe and secure: connect using SSL encryption for secure
transmission of grievance information. Member data is encrypted for even more
You can access grievance information from any
computer, tablet or mobile device. Quickly view the most current grievances in
a list format, show only open grievances, only closed grievances, grievances
that are coming up for review, or grievances within a specific date period all
with the click of a button. Keyword search all grievance data or specific data
fields quickly and easily. And it's not like you have to "start over," as you can upload old
scanned paper files into GrievTrac.
Other highlights include:
* Detailed database of grievance information
* Complete date tracking
* Email or text notification of important
grievance review dates
* Detailed searching and filtering options for
* Upload PDF, Word, Excel, or any type of
Perhaps most importantly, using GrievTrac assures your union meets the new grievance tracking
standards outlined in the NLRB General Counsel's directive.
For further details, a demonstration video,
pricing information and more, go to the "Data" tab at www.unions-america.com or
directly to www.grievtrac.com.
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