Unions have a duty to fairly represent its members and may not discriminate against them. The Courts have held that the Unions could no more unfairly discriminate in carrying out its grievance functions than it could in negotiating a contract. Humphrey v. Moore, 375 U.S. 335. A breach of the statutory duty of fair representation occurs only when a Union’s conduct toward a member of the collective bargaining unit is arbitrary, discriminatory, or in bad faith. Vaca v. Sipes, 386 U.S. 171,190 (1967). A Union may refuse to pursue a grievance for a multitude of reasons, but it may not do so without a reason. Teamsters, Local 315, 545 F.2d 1173 (9th Cir. 1976).
Additionally, once union takes on a grievance, it must litigate or arbitrate it to its best ability. A Union breaches its duty if it fails to perform ministerial acts on a grievant’s behalf. Zuniga v. United Can Co., 812 F.2d 443 (9th Cir. 1987). Union was held liable when it failed to call any employee witnesses in a case involving a fight with a coworker. Banks v. Bethlehem Steel Corp., 870 F.2d 1438 (9th Cir. 1989).
If a grievant has a claim against the union for unfair representation, the time allotted to bring a claim is short. There is only a six-month statute of limitation under Section 10(b) of the National Labor Relations Act. That statute of limitation has been upheld by the Courts. DelCostello v. Teamsters, 462 U.S. 151 (1983). The six-month clock starts on the day the actual injury occurs. Price v. Southern Pacific Transp Co., 586 F.2d 750 (9th Cir. 1978). The Courts have also decided for the time to start on the date of the last action by the Union or the date on which damages become fixed and relatively certain. Archer v. Airline Pilots Ass’n, 609 F.2d 934 (9th Cir. 1979).
