The Propensity to Sue and the Duty of fair Representation: A Second Point of View.
- Resource Type
- Article
- Authors
- Goldberg, Michael J.
- Source
- ILR Review; Apr88, Vol. 41 Issue 3, p456-461, 6p
- Subject
- ACTIONS & defenses (Law)
LEGAL claims
GENDER
MEN
WOMEN
CIVIL procedure
TRIAL practice
LEGAL procedure
LAW
- Language
- ISSN
- 00197939
This article examines the tactical use of duty of fair representation (DFR) litigation in filing of claims. These tactical uses involve the filing of DFR claims in cases that even the complaints know have no merit. Gender-based behavioral differences may explain DFR experiences of men and women. It is certainly true that litigation is used for tactical purposes obtaining a results in the particular case. More filings resulted in a high number of rejected claims do not indicate that more baseless complaints are knowingly filed.