Federal 7th Circuit Court
Civil Court
Duty of Fair Representation
Plaintiffs filed a lawsuit against their labor union after they were terminated by their employer because of a newly-adopted Covid-19 vaccine mandate. Plaintiffs alleged that their union breached its duty of fair representation by insufficiently opposing the vaccination policies. The district court granted the defendant’s motion to dismiss and plaintiffs appealed. The Seventh Circuit affirmed, explaining that to establish a lack of fair representation the plaintiffs would have to establish discriminatory conduct and had failed to do so. (LEE and KOLAR, concurring)