UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Scope of Duty; Internal Union Affairs

Single Topic for Decision 2275E

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There is no duty of fair representation owed to a unit member unless the exclusive representative possesses the exclusive means by which the employee can obtain a particular remedy; where charge alleged that charging party was unable to return to work during a stress leave, the employer was unwilling to accommodate his restrictions and that, as a result, he was placed on the employer’s rehire list instead of being granted a leave of absence, the charge failed to allege that the union possessed the exclusive means by which charging party could obtain a particular remedy or that the union’s conduct was arbitrary, discriminatory or lacking in good faith.