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

Single Topic for Decision 2146M

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The union has the discretion whether or not to pursue a grievance. Refusal to pursue a grievance the union believes is unmeritorious is not a violation, as long as the refusal is not arbitrary, discriminatory, or in bad faith. It is the charging party’s burden to allege facts which demonstrate that the refusal was arbitrary, discriminatory, or in bad faith. Where charging party failed to do so the charge failed to establish a prima facie case for breach of the duty of fair representation. PERB does not have jurisdiction over the internal affairs of an employee organization unless there is evidence of a substantial impact on employer-employee relations. Charging party failed to provide evidence that the union’s refusal to provide a written statement of a grievance meeting had a substantial impact on his relationship with his employer and therefore failed to state a prima facie violation of the duty of fair representation.