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

Single Topic for Decision 2194E

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In order to state a prima facie violation of the duty of fair representation, charging party must show that the respondent’s conduct was arbitrary, discriminatory or in bad faith. Union’s failure to pursue grievance did not foreclose employee’s right to a remedy or completely extinguish his right to pursue his claim. Failure of union to present employee’s counter-offer to the employer does not establish a violation of the duty of fair representation. Charge failed to establish that union’s decision not to take grievance to arbitration was arbitrary or lacking in good faith.