Thomas Schramm v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC, aka United Steel Workers, aka USW
1. Whether the same standards for determining
a breach of the duty of fair representation in
contract negotiations should be imposed upon
unions for individual discharge and grievance
cases.
2. Whether the duty of fair representation requires
a union's decision-making to be based on objective
competent evidence, or whether the union may
decline to pursue a meritorious grievance for
unjust discharge based on subjective information
and belief.
Whether the same standards for determining a breach of the duty of fair representation in contract negotiations should be imposed upon unions for individual discharge and grievance cases, and whether the duty of fair representation requires a union's decision-making to be based on objective competent evidence