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

Single Topic for Decision 2079M

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A union’s reasonable decision not to pursue a grievance, regardless of the merits of the grievance, is not a violation of the duty of fair representation. In such cases, however, a union must explain why it chose not to process an employee’s grievance. Failure to provide such an explanation constitutes a breach of the duty of fair representation.