UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Mode or Adequacy of Representation/Advocacy
Single Topic for Decision 2168M
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800.05000 – Mode or Adequacy of Representation/Advocacy
An exclusive representative does not breach the duty of fair representation by failing/refusing to provide an employee with a union representative of his/her choice. Accordingly, exclusive representative’s decision to assign a particular representative and prohibit charging party from speaking with other stewards about his grievances does not breach the duty of fair representation. In addition, representative’s alleged failure to respond to all of charging party’s grievance status inquiries and failure to notify charging party of representative’s separation do not amount to more than mere negligence, where charge failed to establish that such negligence completely extinguished his right to pursue his grievances against his employer.