UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 2029E
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800.01000 – In General; Prima Facie Case
Union did not breach duty of fair representation by failing to file a grievance over an employee performing work outside her classification, where Union’s decision was not arbitrary, discriminatory, or made in bad faith. Union negotiated the creation of a new classification for the employee with a higher salary and retroactive pay. Union may have reasonably believed that a grievance would have been unsuccessful and that negotiating would achieve a more favorable result.