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

Single Topic for Decision 1109E


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800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

Employee organization's handling of grievance and declining to take grievances to arbitration do not violate duty of fair representation unless it can be shown that the conduct was without rational basis or devoid of honest judgment; p. 11, proposed dec. Burden is upon charging party to show how union abused its discretion and not on union to show that it properly exercised it; p. 11, proposed dec. Allegation that employee organization representative breached its duty to fairly represent member based on representative's statement that she was pleased at no longer having to represent member did not constitute violation; pp. 10-11, proposed dec. No obligation on union to provide employee with a representative of her choice as selection is an internal union matter not subject to DFR. Nor is failure to provide a certain representative an adverse her choice as selection is an internal union matter not subject to DFR. Nor is failure to provide a certain representative an adverse