UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Mode or Adequacy of Representation/Advocacy
Single Topic for Decision 2304E
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800.05000 – Mode or Adequacy of Representation/Advocacy
Allegations that union failed to look into or pursue grievances, delayed in pursuing grievances and failed to communicate with charging party did not state prima facie violation of duty of fair representation, where charging party did not provide facts demonstrating union’s conduct was arbitrary, discriminatory or in bad faith. Each allegedly wrongful action or inaction involved an exercise of union’s discretion to determine whether or not to pursue grievances and none of the alleged wrongs consisted of union failing to perform a ministerial act that completely extinguished charging party’s rights.