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LAW 4560 : Case Preparation & Trial Legal Memorandum

   

Added on  2020-04-15

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1 Name:Course Professor’s nameUniversity nameCity, StateDate of submissionLAW 4560: Case Preparation & Trial
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2Legal MemorandumDATE:TO:Chris Tomasi, Esq.FROM: RE:STATEMENT OF FACTSA union has the obligation to represent fairly all the employees that it represents. This duty requires the union to act in a fair, impartial, non-malicious, and non-discriminatory manner whenfiling a complaint on behalf of an employee. In all this cases the labor unions have not acted as per the plaintiffs expectations in regards to representation(Duty of fair representation, 2013).QUESTIONS PRESENTEDIssues of the caseAfter the plaintiff was disciplined by the employer for improper conduct, the union responds through a grievance. The grievance was however not resolved even after all the steps were exhausted. The plaintiff who is a police officer filed a lawsuit after the union chose not to take the case to arbitration. He thinks that the union may have breached the duty of fair representationby not taking the process to arbitration(Bryson and Cappellari, 2005).
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3Brief Answers to the issues presentedthe duty of fair representation does not require the union to deal with all complaints until the final consequences thereof or to take all the steps that the member would like. The duty of fair representation does not even require the union to do a good job of representing you with your complaint. The law only requires that the union does not act in an arbitrary, discriminatory or bad faith manner.Unions are not required to represent all employees in all their complaints. However, the union must at least investigate your complaint and, depending on how strongly the plaintiff believe their case is. The employee must decide how far they will represent their complaint in the resolution process. According to the Michigan State laws, If an employee has been fired and the union has not yet decided whether to file a complaint or not, the employee should consider submitting their complaint in writing before the deadline for filing the complaint.If the union member feels that the union does not respond to their requests, they could suggest tothem how they should handle the complaint. For example, the plaintiff in this case can suggest that they interview specific witnesses, ask for certain documents from the employer, and investigate the experiences of their colleagues who have gone through the same things as the plaintiff(Martin, 2006).DISCUSSION IssueThe issue in this case is that the plaintiff thinks that the union did not do its best in representing him after the plaintiff who is a police officer faced disciplinary action for improper conduct. The
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