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

Single Topic for Decision 1133E

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The exclusive representative has considerable discretion in the representation of employees within the grievance procedure. The Board has found that this discretion includes the exclusive representative's ability to decide in good faith that even a meritorious employee grievance should not be pursued; p. 6. Absent some compelling reason, a union is free to allocate its resources as it sees fit; p. 16, proposed dec. A union is not required to process a grievance if the chances of success are minimal; p. 17, proposed dec. The exclusive representative owes no duty of fair representation in matters which occurred before it became the exclusive representative; p. 20, proposed dec.