UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 1456E
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800.01000 – In General; Prima Facie Case
A breach of the duty of fair representation occurs when a union's conduct toward a member of the bargaining unit is arbitrary, discriminatory, or in bad faith; p. 13, proposed dec. An exclusive representative's duty of fair representation does not contemplate the complete satisfaction of all who are represented. A wide range of reasonableness must be allowed to a statutory bargaining representative in serving the unit it represents subject always to complete good faith and honesty of purpose in the exercise of its discretion; p. 6, proposed dec. Charging parties failed to present any evidence to support their claim that the exclusive representative's past practice was to consult with grievants prior to the final settlement of a grievance. Both charging parties had previously discussed the matter with the exclusive representative, and had informed it what they wanted out of the grievance prior to the final settlement. The exclusive representative's settlement of the grievance was based upon its understanding that both charging parties wanted to be high school counselors. The terms of the settlement agreement achieved these goals. The exclusive representative's settlement of the grievance had a rational basis, and was not arbitrary, discriminatory, nor in bad faith; p. 19, proposed dec.