Santa Clara California Jury Instruction — 1.8.1 Employee Claim Against Employer and Union NACAca v. Sipes - General Instruction Keywords: Santa Clara California, jury instruction, employee claim, employer, union, NACA v. Sides, general instruction Description: The Santa Clara California Jury Instruction — 1.8.1 focuses on an employee's claim against both their employer and the union, based on the landmark case NACA v. Sides. This general instruction provides guidelines for the jury in such cases, allowing them to better understand the legal framework and considerations involved. NACA v. Sides is a significant case that involves the rights of employees when they file a claim against their employer and their union simultaneously. In such situations, employees often face complex legal challenges, as they must demonstrate that both the employer and the union have violated their rights under collective bargaining agreements or other legal provisions. The general instruction begins by outlining the relevance and importance of NACA v. Sides in establishing the legal grounds for employee claims against both the employer and the union. It provides an overview of the case and its significance in shaping the legal precedent for such claims. The instruction then proceeds to explain the duty of the employee to exhaust internal union remedies before filing a claim against the employer. It outlines the requirement for the employee to show that the union breached its duty of fair representation, which means the union failed to represent the employee's interests properly. This demonstration is crucial for the employee to proceed with their claim against the employer. Next, the instruction highlights the burden of proof that lies with the employee in establishing the violation of their rights by both the employer and the union. It explains the legal standard that the jury must apply and the evidence they should consider determining whether a violation occurred. The instruction may also address specific types or categories of claims that fall under the general framework of employee claims against the employer and union. These could include instances of wrongful termination, discrimination, breach of contract, or other employment-related grievances. Each type of claim may have its own sub-instruction within the general instruction, providing further guidance to the jury regarding the specific legal elements and evidence relevant to that claim. Overall, the Santa Clara California Jury Instruction — 1.8.1 Employee Claim Against Employer and Union NACAca v. Sipes - General Instruction is a comprehensive guide for the jury, ensuring they have the necessary understanding and knowledge to fairly evaluate employee claims against both the employer and the union, based on the legal principles established in NACA v. Sides.