South Carolina Jury Instruction — 1.8.1 Employee Claim Against Employer and Union NACAca v. Sipes - General Instruction: The South Carolina Jury Instruction 1.8.1 is applicable in cases where an employee files a claim against both their employer and their union. This instruction is based on the legal precedent established in the case of NACA v. Sides. In NACA v. Sides, the Supreme Court of the United States ruled that an employee has a legal right to bring a claim against both their employer and their union when they believe that the union has breached its duty of fair representation. This duty requires the union to treat all its members fairly when representing their interests in matters such as collective bargaining agreements, grievances, or disciplinary actions. The South Carolina Jury Instruction 1.8.1 provides guidance to the jury in determining the merits of the employee's claim against both the employer and the union. It outlines the key elements the jury must consider and the burden of proof that the employee must meet to prevail in their claim. Some important keywords relevant to this South Carolina Jury Instruction include: 1. Employee claim: Refers to the lawsuit or legal action initiated by an employee against their employer and union. 2. Employer: Represents the entity or organization for which the employee works and from which they are seeking recourse. 3. Union: Refers to the labor organization that represents the collective interests of employees and is accused of breaching its duty of fair representation. 4. NACA v. Sides: Relates to the landmark Supreme Court case that established the legal rights of employees to sue their employer and union for breach of fair representation duty. 5. Duty of fair representation: Describes the legal obligation of the union to treat all its members fairly and equally in matters related to collective bargaining, grievances, and disciplinary actions. It's important to note that South Carolina Jury Instruction 1.8.1 — Employee Claim Against Employer and Union NACAca v. Sipes - General Instruction is a general instruction applicable to cases involving employee claims against employers and unions. There might be more specific or nuanced jury instructions available for different subcategories or specific circumstances within this broader category.