Employee Voice: A Legal Perspective

In 1990, total union membership fell to 16.1 percent of employment. “Union Members in 1990,” USDL 91-34, February 6, 1991, Bureau of Labor Statistics, U.S. Department of Labor.

360 U.S. 203(1959).

231 N.L.R.B. 1232(1977).

691 F.2d 288 (6th Cir. 1982).

877 F.2d 1291 (6th Cir. 1989).

877 F.2d at 1297, quoting from Federal Mogul Corp. v. NLRB, 394 F.2d 915, 918 (6th Cir. 1968).

Chief Counsel to NLRB Member John N. Raudabough. See BNA Daily Labor Report, No. 157, August 14, 1991, p. G-1.

Ibid., p. G-5.

No. 25-CA-19818.

See BNA Daily Labor Report, No. 160, August 19, 1991, p. A-1.

370 U.S. 9 (1962).

221 N.L.R.B. 999, 1000 (1975).

268 N.L.R.B. 493 (1984).

Ibid., p. 497.

Prill v. NLRB, 755 F.2d 941 (D.C. Cir. 1985).

281 N.L.R.B. No. 118 (1986).

Prill v. N.L.R.B., 835 F.2d 1481 (D.C. Cir. 1987), cert. denied, 108 S.Ct. 2847 (1988).

157 N.L.R.B. 1295, 1298(1966).

256 N.L.R.B. 451 (1981).

NLRB v. City Disposal Systems, Inc., 465 U.S. 822 (1984).

See cases cited in Stephens Clay , “Protected Concerted Activity Current Interpretation of Its Definition,” Labor Law Journal, 42.

Stieber , “Employment-at-Will: An Issue for the 1980s,” in Dennis , ed., Proceedings of the Thirty-Sixth Annual Meeting of the Industrial Relations Research Association, (1983).

Payne v. Western & A.R.R., 81 Tenn, 507, 519–20 (1884).

“The Evolution of Unjust-Dismissal Legislation in the United States,” Industrial and Labor Relations Review, 44 (1991): 644, 649.

Wrongful Discharge from Employment Act, Ch. 641, L. 1987, §§ 39-2-901 to 914, MCA. The constitutionality of the law's provisions limiting available remedies was upheld in Meech v. Hillhaven West, Inc., 288 Mont. 784, 776 P.2d 488 (1989).

The text of the approved draft is reprinted in BNA Daily Labor Report, No. 156, August 13, 1991, p. D-1.

The principal findings of the study, conducted by McCabe Douglas M. , were summarized by him in “Corporate Nonunion Grievance Arbitration Systems: A Procedural Analysis,” Labor Law Journal, 40 (1989): 432. See also Foulkes F. , Personnel Policies in Large Nonunion Companies (1980); Guidry Huffman , “Legal and Practical Aspects of Alternative Dispute Resolution in Non-Union Companies,” Labor Lawyer, 6/1 (1990): 29–39.

Wolf , “Trans World Airlines' Noncontract Grievance Procedures,” Gershenfeld , Ed., Proceedings of the Thirty-Ninth Annual Meeting of the National Academy of Arbitrators, (1987), p. 27.

Guidry Huffman , op. cit., p. 31.

Walt , “Employer-Promulgated Arbitration,” in Gruenberg , ed., Proceedings of the Forty-Third Annual Meeting of the National Academy of Arbitrators (1991), pp. 189, 190–91.

Das , Ibid., pp. 199–200.

See Vaca v. Sipes, 386 U.S. 171, 192 (1967), stating that a union violates its duty of fair representation when its conduct toward a member of the bargaining unit is “arbitrary, discriminatory, or in bad faith.”

In Ford Motor Co. v. Huffman, 345 U.S. 330, 338 (1953), the U.S. Supreme Court stated: Inevitably differences arise in manner and degree to which the terms of any negotiation agreement affect individual employees. The mere existence of such differences does not make them invalid. The complete satisfaction of all who are represented is hardly to be expected. A wide range of reasonableness must be allowed a statutory representative in serving the unit it represents, subject always to complete good faith and honesty of purpose in the exercise of its discretion.