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

Single Topic for Decision 1474M

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The duty of fair representation under the MMBA is not breached by a refusal to pursue a grievance if a union has made an honest, reasonable determination that the grievance lacks merit. In evaluating an alleged violation of the duty of fair representation under the MMBA, the Board focuses on whether the union's judgment had a rational basis or was reached for reasons that were arbitrary or based upon invidious discrimination, not on whether the union's judgment was correct. Allegation that decision by union not to file written grievance and to instead present allegations to management verbally does not meet burden of showing union judgment was without rational basis or was reached for reasons that were arbitrary or based upon invidious discrimination. Union turning over to supervisor three paged typed document listing employee's harassment charges against supervisor without more regarding an improper motive is within the wide latitude afforded a union in representing its members in disputes with management.