UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Grievance Handling/Contract Administration

Single Topic for Decision 1898M

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Unions are accorded wide latitude in the representation of its members. Accordingly, absent a showing of arbitrary exercise of the union’s power, the duty of fair representation is not typically breached by mere negligence. However, mere negligence may be deemed to be arbitrary 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. In cases involving a union’s failure to file a grievance, a charging party may recover a make-whole remedy only if the charging party demonstrates that he/she would have prevailed on the merits if the grievance was properly processed.