Louisiana 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.

Louisiana Jury Instruction — 1.8.1 Employee Claim Against Employer and Union NACAca v. Sipes - General Instruction provides guidance to the jury in cases where an employee is making a claim against both their employer and their union. This instruction is derived from the landmark Supreme Court case NACA v. Sides and addresses various legal considerations that the jury must take into account. The instruction emphasizes the legal framework established in NACA v. Sides, which recognizes that employees have a right to pursue claims against both their employer and their union independently. It explains that the employee can seek remedies against their employer for breach of the collective bargaining agreement (CBA) and against the union for breach of its duty of fair representation (DR). The jury instruction focuses on key points, such as: 1. Duty of Fair Representation: The instruction explains the union's duty to fairly represent all employees, regardless of union membership status. It emphasizes that the union must treat all employees fairly and not unfairly discriminate against any member for arbitrary or unjustifiable reasons. 2. Breach of Collective Bargaining Agreement: The instruction details the employer's obligations under the CBA and highlights that a breach of these obligations can give rise to a claim by the employee against the employer. It explains that the employer must fulfill its contractual duties, which may include providing fair wages, reasonable working conditions, and protection against unjust discipline or termination. 3. Prima Facie Case: The instruction provides guidance on how the jury can determine if the employee has established a "prima facie" case against the employer and the union. This involves evaluating whether there is evidence to support a reasonable inference of a breach of the CBA by the employer and a breach of the duty of fair representation by the union. 4. Causation: The instruction instructs the jury on the element of causation, emphasizing that the employee must prove that the breaches of both the employer and the union were a direct cause of their harm or damages. 5. Remedies: The instruction highlights that if the jury determines that both the employer and the union breached their respective obligations, they can award appropriate remedies. These may include compensatory damages, injunctive relief, or specific performance. Other types of Louisiana Jury Instructions related to Employee Claims Against Employer and Union may include: — 1.8.2: Jury Instruction on Union's Duty of Fair Representation — Providing more specific guidance on the union's duty and the factors the jury should consider when evaluating whether the union has breached its duty. — 1.8.3: Jury Instruction on Employer's Violation of Collective Bargaining Agreement — Offering further instruction on the specific obligations of the employer under the CBA and outlining how the jury should assess whether the employer has breached those obligations. — 1.8.4: Jury Instruction on Evaluating Damages in Employee Claims Against Employer and Union — Educating the jury on the factors to consider when determining the appropriate amount of damages to award if they find in favor of the employee. — 1.8.5: Jury Instruction on Possible Defenses Available to the Employer and Union — Discussing potential defenses that the employer and the union may raise, such as showing that the alleged conduct was within their legal rights or that the employee's damages were not directly caused by the alleged breaches.