UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case

Single Topic for Decision 1208E

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Two year old newsletter referring to charging party's earlier protected activity is insufficient to establish that union's failure to pursue grievance to second level was discriminatory; pp. 3-4, warning letter. Mere fact that union successfully pursued similar grievance several years earlier is insufficient to establish lack of rational basis for decision not to pursue present grievance; p. 4, warning letter. Request for sanctions by Respondent is not itself an unlawful act.