Unfair Representation as an Unfair Labor Practice

In its 1962 Miranda Fuel Co. decision, the National Labor Relations Board formulated a novel doctrine whereby it acquired jurisdiction over unfair representation complaints filed by union members in good standing on the theory that a union which fails to represent all of its members fairly commits unfair labor practices in violation of sections 8(b)(1)(A) and 8(b)(2) of the National Labor Relations Act. Formerly, unfair representation complaints filed by union members had been cognizable only by the courts, since unfair representation was not considered an unfair labor practice and, consequently, was outside the jurisdiction of the NLRB.