Is a union's failure to provide a translation of a collective bargaining agreement for Spanish-speaking members a violation of their duty of fair representation?

MultiRegion, United States of America

The following excerpt is from United Bhd. of Carpenters & Joiners of Am. v. M, No. 13-35095 (9th Cir. 2014):

In Retana, a discharged hotel maid sued on behalf of Spanish-speaking members of her union, alleging that her union's failure to provide, for example, a Spanish translation of the collective bargaining agreement violated the duty of fair representation. Id. at 1021, 1023. Although we declined in that case "to attempt a . . . precise delineation of the scope of the duty of fair representation," we noted a possible violation of the union's duty "to make an honest effort to serve the interests of all members of the bargaining unit." Id. at 1024-25 (internal quotation marks omitted). The union's alleged failure to take relatively easy and inexpensive steps to accommodate its Spanish-speaking members suggested adequately under the relaxed pleading standard of Conley v. Gibson, 355 U.S. 41 (1957)that the union was not negotiating or administrating in good faith on their behalf.

Other Questions


Does the doctrine of collective bargaining apply to both parties to a collective bargaining agreement? (MultiRegion, United States of America)
What is the test for a unionized employee's claim of unfair representation under a collective bargaining contract? (MultiRegion, United States of America)
What is the test for alleging that a bargaining agent failed to meet their duty of fair representation in a bargaining agreement? (Canada (Federal), Canada)
Does the statutory exemption from collective bargaining agreements apply to unions in general? (MultiRegion, United States of America)
What is the majority holding that a union's conduct in promulgating and seeking to enforce its work limitation rule violated the provisions of the collective agreement? (MultiRegion, United States of America)
What is the test for determining whether a party to a collective bargaining agreement has equal bargaining strength? (MultiRegion, United States of America)
Can a plaintiff bring a claim against an employer that it violated the collective bargaining agreement? (MultiRegion, United States of America)
What is the test for a plaintiff to bring an action under section 301 of the LMRA against an employer for breach of a collective bargaining agreement? (MultiRegion, United States of America)
Does a sentence imposed under a plea agreement violate the plea agreement? (MultiRegion, United States of America)
How have courts and arbitrators in the Nor-Man jurisdiction been treated in the context of a collective bargaining agreement between management and labour? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.