Fair Representation is the legal commitment of the representative of a union to represent all the employees or individuals of that business-unit without any discrimination and negligence. Failure on this part can lead to charges and the representative can be sued for unfair labor practices.
Fair representation gives each and every employee an equal or fail opportunity to be heard or represented in front of the organization.
The domain of duty applies to every action that the union might take in dealing with the employer as the representative of the employees. The union has no duty of fair representation in the following situations:
There is no commitment to represent employees on matters beyond the contract.
For example, a union is not obligated to locate work for an employee who has been released based on some kind of physical disability, nor is the union required to help the employee obtain rehabilitation services.
Also, representation of unemployment compensation and workers compensation claims are not implicated by the duty of fair representation.