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

Single Topic for Decision 1276E

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Duty of fair representation imposed by EERA section 3544.9 applies to grievance handling; p. 2, warning letter. Union did not breach duty of fair representation when it pursued grievance to the point of arbitration and sent certified letter to inform grievant of decision not to proceed with arbitration and of procedure to appeal Union's decision not to seek arbitration even though charging party did not receive the letter; p. 3, warning letter. Despite allegations of several disagreements between Union and grievant, charge fails to allege facts demonstrating that Union actions were arbitrary, discriminatory, or in bad faith; pp. 3-4, warning letter.