UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case

Single Topic for Decision 2087E

View all topics for Decision 2087E

Full Decision Text (click on the link to view): Full Text

In order to state a prima facie breach of the duty of fair representation by misrepresentation of facts to secure contract ratification, the charging party must show that: (1) the exclusive representative made an untrue assertion of fact (or conduct equivalent to an untrue assertion of fact); (2) the exclusive representative’s assertion was made with knowledge of its falsity; (3) the exclusive representative’s assertion was made to secure ratification of a contract; and (4) the fact misrepresented must have a substantial impact on the relationships of the unit members to their employer. However, “[a] breach of the duty will not be found where the exclusive representative is guilty of ‘mere negligence or poor judgment’.”