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

Single Topic for Decision 0970E

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The CBA between the parties allows the union the discretion to submit matters to arbitration with the grievant's concurrence. It does not say the union must submit the matter to arbitration. Allegations that exclusive representative decided not to arbitrate a grievance and did not provide grievant with a reason does not, by itself constitute arbitrary, discriminatory or bad faith conduct.