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

Single Topic for Decision 1463E

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Union decision not to take performance evaluation grievance to arbitration did not violate duty of fair representation when based on a rational interpretation of parties’ collective bargaining agreement and arbitrator’s authority when CBA allows challenge only to procedural irregularities in evaluation. Union believed that an arbitrator would have no authority to extend probation period or overturn evaluation. In addition, charging party provided no facts demonstrating the respondent acted in an arbitrary, discriminatory or bad faith manner.