UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Grievance Handling/Contract Administration

Single Topic for Decision 2128E

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Generally, PERB will not find a refusal to pursue a grievance constitutes a breach of the duty of fair representation if the union made an honest, reasonable determination that the grievance lacks merit. In analyzing whether an “honest judgment” has been made, PERB does not judge whether the union’s assessment was correct, but only whether that judgment had a rational basis, or was reached for reasons that were arbitrary or based upon invidious discrimination.