Originally Posted by
fadec
Why does the union even get penalized? If I was on trial and shot the judge, my lawyer wouldn't be prosecuted unless it was proven be helped. Isn't it possible to have representation that's immune to actions it doesn't even endorse?
The courts don't seem to care if the union is officially behind a work action or not. They view the union as kind of like a parent and the membership as a child. The parent is responsible for the behavior of the child regardless of whether the parent explicitly told the child to do something or not. Like if you saw a toddler having a meltdown, disturbing everyone at the grocery store or a movie theater or in church, you'd probably silently judge the parent in your mind moreso than the child.
It's just the way the case law has developed. It is what it is.