UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Mode or Adequacy of Representation/Advocacy

Single Topic for Decision 1632M

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Charging party alleged that union violated duty of fair representation by assigning a representative who had a conflict of interest. Board dismissed charge where facts demonstrate that union acknowledged conflict, promptly assigned new representative, and charging party failed to demonstrate any harm. Charging party alleged that union violated duty of fair representation by failing to communicate with him for three months. Board dismissed charge where facts demonstrate that grievance was in abeyance during those three months pending selection of arbitrator and charging party failed to demonstrate any harm.