Is An Association Union Obliged to Represent the Interests of All Its Members In Good Faith Without Discrimination ?

In Robinson v. Abington Education Association and Mike Mecklowitz, et al., 32 Pa. Commw. 563, 379 A.2d 1371 (Pa. Cmwlth. 1977), aff'd., 492 Pa. 218, 423 A.2d 1014 (1980), the union had appealed from an order of the Court of Common Pleas of Montgomery County (common pleas court) that granted equitable relief to the union member employees due to the union's failure to negotiate in good faith on their behalf. Before this Court, the union argued that the common pleas court was without jurisdiction to award equitable relief because the alleged conduct constituted an unfair labor practice which was within the exclusive jurisdiction of the Pennsylvania Labor Relations Board (PLRB). This Court agreed and stated: The Association union in bargaining with the School District was obliged to represent the interests of all its members in good faith and without discrimination to any. The failure of the Association to perform this duty as to any of its members would constitute bad faith bargaining, made an unfair labor practice by Section 1201(b)(3) of PERA, 43 P.S. 1101.1201(b)(3).