breach of duty of fair representation
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LABOR UNIONS - Member's claim against union for breach of duty of fair representation; claim governed solely by federal law; six-month statute of limitations is controlling under 29 U.S.C. 160(B); separate claim of racial discrimination; even if claim is brought under state law, federal law will still apply when claim involves interpretation of a retirement plan stemming from a collective bargaining agreement; summary judgment warranted when claims not brought in timely manner under federal statute.
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The US Court of Appeals for the Ninth Circuit failed to consider the linkage between personal injury and damages recovered in finding in Banks that funds received in settling a suit for breach of the duty of fair representation were excludible from income as personal injury damages. The settlement amount was determined based on lost and future wages, but there was no indication that the harm at issue resulted in the worker being out of work. The US Supreme Court ruled in Schleier that the recovery must be on account of a personal injury.
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Gov. Jay Nixon appointed St. Louis lawyer Nancy M. Watkins to the Public Defender Commission.
Watkins, 52, practices labor and education law as an of counsel lawyer for Schuchat, Cook & Werner (click here to read her bio). She received her law degree in 1981 from the University of Missouri. She co-wrote Wrongful Discharge: Breach of a Union Contract and the Duty of Fair Representation in 1986 for the St. Louis Bar Journal and has presented seminars for union members on topics including sex harassment and discrimination and the duty of fair representation.
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Civil Procedure
Removal
... II, plaintiffs asserted a claim for a breach of duty of fair representation against Local 2250....
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... Steelworkers of America ("the Union") breached its duty of fair representation during, and in the...
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... that her former employer, "Cleancare," breached its collective bargaining agreement ("CBA"), and t... labor union and its "agents" breached the duty of fair representation. The lone named defendant, ...
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..., among other things, that SAG had breached its duty of fair representation by negotiating and...
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... and were increased by the Union's breach of its duty of fair representation, apportionment ...
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...12 ("Local 12"),1 breached their duty of fair representation by favoring cert...
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... 301"), et seq., claiming that the Union breached its duty of fair representation in her claim of wr...