In the first case in which the issue was the subject of an appeal, the Fifth Circuit held that a labor union's breach of its duty of fair representation by racially discriminating among its members constituted an unfair labor practice under the National Labor Relations Act, and was therefore remediable by the NLRB. The court also focused on the jurisdictional relationship between the Civil Rights Act of 1964 and the National Labor Relations Act, implying that the Act's Equal Employment Opportunity Commission did not have exclusive jurisdiction over unfair representation claims based on racial discrimination. The court's resolution of these issues, however, points to the need for further congressional action in this area.
Labor Law: Fifth Circuit Determines That Breach of Duty of Fair Representation Constitutes an Unfair Labor Practice,
1967 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol16/iss5/9