UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Mode or Adequacy of Representation/Advocacy
Single Topic for Decision 2194E
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800.05000 – Mode or Adequacy of Representation/Advocacy
Absent evidence of arbitrary, discriminatory or bad faith conduct, a union’s decision to conduct its representation in a manner contrary to the wishes of a bargaining unit employee does not violate the duty of fair representation. 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, where union evaluated grievance in light of mediator’s assessment of the claim and provided employee with a written statement of the reasons it had decided not to pursue arbitration. Based upon the mediator’s assessment of the case, union determined that it would be better to address the contract language during negotiations rather than risk losing at arbitration. Employee failed to provide facts to demonstrate that the decision was without rational basis or devoid of honest judgment.