UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case

Single Topic for Decision 2297M

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Fact that attorney represented union in instant proceeding concerning allegations of violation of duty of fair representation has no bearing on whether union previously violated duty of fair representation in its handling of grievance. Fact that union chose to provide another representative to handle employee’s dispute does not establish violation of duty of fair representation. Given the wide latitude accorded a union in the representation of its members, the evidence presented did not establish a breach of the duty of fair representation with respect to handling of grievance over placement of employee on non-dispatch list. Union participated actively in attempting to resolve the dispute between employee and employer. While employee may have disagreed with union’s strategy in attempting to obtain a mediated reinstatement, evidence failed to establish that union’s conduct was “without a rational basis or devoid of honest judgment.” Union’s decision to withdraw representation based upon its belief that employee’s conduct made further success unlikely had a rational basis and there is no evidence that it was otherwise arbitrary or based on invidious discrimination.