UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 2240E
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800.01000 – In General; Prima Facie Case
Claim that union’s representation of another bargaining unit member adversely affected charging party did not establish prima facie violation of duty of fair representation. Duty of fair representation does not mean an employee organization is barred from making an agreement which may have an unfavorable effect on some members. Even if union negotiated an agreement that had an adverse effect on charging party, charge failed to demonstrate how union acted in a manner that was "without a rational basis or devoid of rational judgment," and thus breached its statutory duty of fair representation.