Unions have a duty of fair representation. This is a responsibility NSEA and our local affiliates take seriously. As an exclusive bargaining agent, a union has a duty to fairly represent both members and nonmembers within the bargaining unit. A duty of fair representation includes a union’s responsibility to bargain for and to enforce the collective bargaining agreement and process grievances filed by the bargaining unit employees. A breach of the duty of fair representation is a violation of the law.
To provide fair representation to every member of the bargaining unit, unions need to know who is represented and how to communicate with these employees. When employers are unwilling to provide basic contact information for employees represented by the union, there is no way to carry out the responsibility of fair representation. This is why the National Labor Relations Board requires private employers to provide information like home address and phone number to unions representing those employees.
AB172 requires government employers to provide recognized employee organizations with the address, phone number, work contact information, and work location of each employee of the bargaining unit represented by the employee organization.