UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Mode or Adequacy of Representation/Advocacy
Single Topic for Decision 2274E
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800.05000 – Mode or Adequacy of Representation/Advocacy
Charge failed to demonstrate that unfavorable effects resulting from contract ratification election and resulting contract (charging party being given two classes he had not previously taught, not being afforded the right to transfer, and stress that led him to retire early for health reasons) demonstrate the union’s election or the contract it agreed to with the employer had a “substantial impact” on charging party’s employment relationship with his employer. Without allegations demonstrating substantial impact on charging party’s relationship with the employer, that conduct without a rational basis or devoid of honest judgment, or that charging party was denied opportunity to communicate his views to the union, allegations fail to establish a prima facie case of breach of the duty of fair representation.