UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Grievance Handling/Contract Administration
Single Topic for Decision 2297M
Full Decision Text (click on the link to view): Full Text
800.02000 – Grievance Handling/Contract Administration
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.