Page "Duty of fair representation" Paragraph 6

The NLRB recognizes a breach of the duty of fair representation as a violation of the National Labor Relations Act.

However, because the duty of fair representation was originally created by judicial interpretation, rather than as an express statutory prohibition, employees covered by the National Labor Relations Act may sue their unions directly, without being required to first exhaust any administrative procedures provided under the National Labor Relations Board.

The same is true for workers covered by the Railway Labor Act, which does not provide any administrative procedure for pursuing claims against a union.

Employees ' claims under either Act are governed by a six-month statute of limitations.