UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Grievance Handling/Contract Administration

Single Topic for Decision 0438E

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Allegation that exclusive representative refused to take employee grievance to arbitration does not state a prima facie violation of DFR. Employee does not have absolute right to have grievance taken to arbitration. Exclusive representative's refusal was not arbitrary, discriminatory or in bad faith. Allegation that exclusive representative was less aggressive than charging party would like does not state violation to DFR. Quality of representation did not reach level of negligence, and certainly was not arbitrary. R.A. dismissal upheld.