California Jury Instruction - 1.8.1 Employee Claim Against Employer and Union - Vaca v. Sipes - General Instruction

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-8-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

California Jury Instruction — 1.8.1 Employee Claim Against Employer and Union NACAca v. Sipes - General Instruction is a legal instruction related to employee claims against both their employer and the union. This instruction is based on the Supreme Court case NACA v. Sides, which sets the standard for determining an employer's liability when an employee alleges a breach of the duty of fair representation by their union. In this instruction, the jury is informed about the legal principles and standards that should be considered when evaluating an employee's claim against their employer and union. It guides the jury on various elements and factors that should be taken into account during the deliberation process. The main purpose of this instruction is to outline the obligations of both the employer and the union towards the employee. It highlights that an employee seeking relief must establish two separate claims: one against the employer for any violation of the employment contract, and the other against the union for breach of its duty of fair representation. The instruction may vary depending on the specific circumstances of the case, but its general content includes the following key points: 1. Employee Rights and Obligations: The instruction defines the employee's rights and responsibilities under the employment relationship, emphasizing that the employer has a duty to treat employees fairly and that the employee must act in good faith when dealing with the union. 2. Union's Duty of Fair Representation: The instruction clarifies the union's obligations towards its members, explaining that the union must fairly represent all bargaining unit employees, including those who file complaints against the employer. It emphasizes that the duty of fair representation does not require a union to always succeed in resolving employee complaints but requires the union to represent employees without discrimination, in a non-arbitrary manner, and in good faith. 3. Employer Liability: The instruction explains that the employer may be held liable for breaches of the employment contract, such as wrongful termination, discrimination, or other violations, but only if the union breached its duty of fair representation concurrently or contributed to the employer's actions. It highlights that the employer should only be held liable if its actions were motivated by a discriminatory motive or if the employer and the union acted together to violate the employee's rights. 4. Burden of Proof: The instruction informs the jury about the burden of proof that the employee must meet to prevail on their claim. It explains that the employee must demonstrate by a preponderance of the evidence that the employer either acted with an improper motive or conspired with the union to breach the duty of fair representation. It's important to note that variations and specific instructions may exist based on the unique facts and legal arguments presented in each case. Therefore, it is crucial for legal practitioners to consult the most up-to-date official California Jury Instructions and legal resources to ensure accuracy and relevance to their specific case.