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Jacoby v. National Labor Relations Board

233 F.3d 611 (2000)

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Jacoby v. National Labor Relations Board

United States Court of Appeals for the District of Columbia Circuit

233 F.3d 611 (2000)

Facts

Steamfitters Local Union No. 342 (the union) (defendant) maintained the exclusive right to dispatch its union members, comprising construction workers, to a refinery jobsite. Joe Jacoby (plaintiff), a 27-year union member, registered through the union’s hiring hall and should have been dispatched to jobs with the highest priority based on his skills and experience. Instead, due to the union’s negligence, several lower-priority members were mistakenly dispatched before Jacob for a certain period. Jacob filed an unfair-labor-practice charge with the National Labor Relations Board (the board). The administrative law judge found that the union’s negligence in its job-referral procedures breached the duty of fair representation and constituted an unfair labor practice. The board reversed based on its interpretation of U.S. Supreme Court caselaw concerning the duty of fair representation. The matter was brought before the District of Columbia Circuit.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

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