UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 2046E
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800.01000 – In General; Prima Facie Case
To establish a prima facie case for violation of the duty of fair representation the Charging Party must allege facts showing that the union’s actions were arbitrary, discriminatory or in bad faith. Where Charging Party complained that he communicated to union officials regarding an alleged improper assignment change, “to no avail,” but failed to allege any additional facts to demonstrate that the union abused its discretion or that its actions were without a rational basis or devoid of honest judgment, the Charging Party failed to set forth a prima facie case for violation of the duty of fair representation.