Author Question: What discretion, if any, does the union have in making decisions on the merits of ... (Read 54 times)

Sportsfan2111 · **on:** Jun 24, 2018

What discretion, if any, does the union have in making decisions on the merits of grievances?

Question 2

Jody is obligated under a contract to deliver 100,000 plastic bottles to a spring water company. Jody's supplier has just gone bankrupt; any other suppliers will charge her more than she expected to pay. This is
a. Consequential damages
b. Impossibility
c. Expectation interest
d. Substantial performance
e. Legally irrelevant

Ksh22 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

The union has the discretion to make the decision whether or not to spend union resources to take a case to arbitration. Its decision not to take a case to arbitration will not be set aside in a duty of fair representation (DFR) suit so long as the decision is made in good faith and in a nonarbitrary manner.

Answer to Question 2

.E