UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case

Single Topic for Decision 1533E


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800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

Union did not violate duty of fair representation by agreeing to bargain over retirement benefits for current employees since such benefits are a permissive subject of bargaining. Mere fact that employee was not satisfied with the contract provision negotiated by union does not establish a breach of the duty of fair representation. The Board has held that an exclusive representative is not expected or required to satisfy all members of the unit it represents. Moreover, the duty of fair representation does not mean an employee organization is barred from making an agreement which may have an unfavorable effect on some members, nor is an employee organization obligated to bargain a particular item benefiting certain unit members. Although exclusive representative may accept direction from CTA hired executive director, CTA is no the exclusive representative for DFR purposes.