UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 1749S
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800.01000 – In General; Prima Facie Case
The duty of fair representation is limited to contractually-based remedies under the union’s exclusive control. The charge does not contain facts showing that a request for reasonable accommodation for a disability is an issue covered by the collective bargaining agreement. Instead the reasonable accommodation request form indicates compliance with the Fair Employment and Housing Act. Even if the duty of fair representation was applicable to this matter, Chen did not show that CSEA’s conduct was arbitrary, discriminatory or in bad faith.