UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Negotiations

Single Topic for Decision 2223E

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A union’s duty of fair representation requires it to refrain from representing its members arbitrarily, discriminatorily or in bad faith; although the duty of fair representation includes a union’s negotiating conduct, as a general rule, an exclusive representative enjoys a wide range of bargaining latitude; the mere fact that an agreement reached by an exclusive representative has an unfavorable effect on some members is not sufficient to demonstrate a violation; the question is whether the exclusive representative exercised its discretion in good faith and with honesty of purpose; where charging party alleged that the union breached its duty of fair representation when it negotiated for a composite rate based health care design that places a disproportionate burden on members who are single, such factual allegations do not establish a prima facie violation.