UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Scope of Duty; Internal Union Affairs

Single Topic for Decision 0683S

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Duty does not extend to the pursuit of extra-contractual remedies such as appeals to the SPB. No duty to pursue extra-contractual remedy even though union initially takes the case voluntarily. Duty owed to client by union representative is not one of attorney to client, nor does union rep necessarily violate DFR by failing to perform at the level of a competent attorney. Inquiry in DFR is whether Association had a rational, non-arbitrary, good faith basis for decision, not whether it was correct.