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

Single Topic for Decision 1781E


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800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

Although union’s decision extinguished charging party’s right to pursue his grievance, the union’s conduct was not a negligent failure to perform a ministerial act, but rather a legitimate exercise of discretion. The parties’ collective bargaining agreement had specific language excluding charging party from the union and thereby from filing a grievance.