UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 2150E
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800.01000 – In General; Prima Facie Case
Unfair practice charge was untimely filed. However, even if timely filed, the charge failed to establish a prima facie case. 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.