UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION – Discrimination

Single Topic for Decision 2194E

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Charge failed to establish that union’s refusal to represent him in his grievance constitutes disparate treatment and therefore discrimination because union handled the grievances of employees. A finding of disparate treatment requires a showing that others have been treated differently for similar or identical conduct or in a similar situation. Charge fails to allege any facts showing that the other grievances arose under similar circumstances and contains no facts concerning the nature of the other employees’ grievances. In addition, employee was not similarly situated because he expressly chose to file a grievance himself and to represent himself in mediation. Therefore, the charge fails to establish that union acted discriminatorily in its handling of his grievance.