UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 1289E
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800.01000 – In General; Prima Facie Case
In order to state a prima facie case for violation of the duty of fair representation, charging party must allege facts demonstrating that Association's conduct was arbitrary, discriminatory or in bad faith; p. 5, warning letter. Failure to set aside Chapter Chair election is a purely internal union affair which does not have a substantial impact on the employment relationship and does not give rise to duty of fair representation; the fact that employee's principal felt free to intimidate her as a result of union's decision does not demonstrate impact; p. 6, dismissal letter.