Unions, Fairness, and the Conundrums of Collective Choice

This article posits that attempts thus far to develop a consistent, principles theory of the duty of fair representation have not been successful. We do not deny that certain particularized rules of fairness derived from various sources can be generated and applied to particular cases. We do not think, however, that there is an intelligible general rule of distributive or procedural fairness that may be interposed by a court to overrule the discretionary decisions made by a union in bargaining for its constituents. This article examines the substantive theories of fairness that have been suggested by courts and commentators