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Case: Labor Relations/Fair Representation Duty (N.L.R.B.)

Aug. 5, 2022, 4:38 PM

A San Francisco-based UFCW local breached its duty of fair representation and violated the NLRA by arbitrarily interpreting the seniority provision of its collective bargaining agreement with Macy’s to require that an employee lose her accrued seniority when she returned to the bargaining unit after serving two years as a supervisor. The NLRB upheld the administrative judge’s findings that the union’s interpretation was unreasonable, and subsequently caused the employee to be laid off.