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ALPA v. O’NEILL

ALPA v. O’NEILL. Same standard for determining fair representation in negotiations and grievance handling arbitrary, discriminatory, bad faith union must have a “wide range of reasonableness” to perform its statutory role Court may examine contract to determine if DFR was breached

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ALPA v. O’NEILL

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  1. ALPA v. O’NEILL • Same standard for determining fair representation in negotiations and grievance handling • arbitrary, discriminatory, bad faith • union must have a “wide range of reasonableness” to perform its statutory role • Court may examine contract to determine if DFR was breached • different than UFLP under 8(a) • A “bad” agreement, viewed retrospectively, does not, by itself, breach DFR

  2. Inevitably differences arise in the manner and degree to which the terms of any negotiated agreement affectindividual employees and classes of 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 bargaining representative in serving the unit it represents, subject always to complete good faith and honesty of purpose in the exercise of its discretion.Compromises on a temporary basis, with a view to long-range advantages, are natural incidents of negotiation. . . . The National Labor Relations Act, as amended, gives a bargaining representative not only wide responsibility but authority tomeet that responsibility. [Ford Motor Co. v. Huffman, 1953, 345 U.S. 330, 338-339]

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