UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Grievance Handling/Contract Administration
Single Topic for Decision 1747M
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800.02000 – Grievance Handling/Contract Administration
A union's "mere negligence" may breach the duty of fair representation in cases in which the individual interest at stake is strong and the union's failure to perform a ministerial act completely extinguishes the employee's right to pursue his claim; p. 7. The Board has found that various actions taken by a union, considered separately, would not violate the duty of fair representation. However, when considered in their totality, the actions represent a pattern of conduct which demonstrate an arbitrary failure to fairly represent the bargaining unit employee; p. 7. A union's decision to conduct an arbitration hearing contrary to the wishes of an employee; by failing to meet with employee before the hearing; and by failing to present certain evidence, does not violate the duty of fair representation; p. 9.