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

Single Topic for Decision 1666M


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

Employee, whose license was suspended as a result of a DUI conviction, was terminated by employer for failure to possess a valid license. Union decline to represent employee at termination hearing on the grounds that the likelihood of success was minimal. Board dismissed charge alleging breach of the duty of fair representation as union’s decision was not arbitrary or devoid of honest judgment.