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

Single Topic for Decision 1241E

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PERB will dismiss a charge that the duty of fair representation has been breached by a refusal to take a grievance to arbitration if the union makes a reasonable determination that the grievance lacks merit. In making this determination, the Board does not determine whether the union's assessment was correct, but only whether that determination had a rational basis or was based on reasons that were arbitrary or based upon invidious discrimination; p. 4, warning letter.