UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 1675M
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800.01000 – In General; Prima Facie Case
Duty of fair representation applies even where contract allows employee to pursue grievance arbitration on his own without union’s consent. This is because union is the exclusive representative with a corresponding duty to enforce the terms of a contract for bargaining unit members. Such a situation differs from non-contractual based remedies where no duty of fair representation applies.