UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 1903E
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800.01000 – In General; Prima Facie Case
An employee did not allege sufficient facts to demonstrate that her grievance was denied due to untimeliness. Further, she alleged no facts demonstrating how her union’s conduct was willful, wanton, done in bad faith or arbitrary, but merely state such as a conclusion. An employee’s charge is dismissed, as she offered no factual support for her allegation that her union would have filed a timely grievance were it not for her physical handicap. A union’s failure to follow exactly the requirements of the grievance process outlined in the collective bargaining agreement does not, without more, demonstrate conduct that can be considered discriminatory, arbitrary, or in bad faith. A union's failure to obtain a member's approval prior to settlement of a grievance does not constitute a breach of the duty of fair representation because that factor alone does not amount to arbitrary conduct.