UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Mode or Adequacy of Representation/Advocacy
Single Topic for Decision 2486M
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800.05000 – Mode or Adequacy of Representation/Advocacy
Board affirmed and adopted dismissal of charge and complaint alleging exclusive representative had violated its duty of fair representation by not timely filing and, once filed, not pursuing, a grievance challenging employee’s release during probationary period for alleged misconduct. Charging party presented no evidence to show that exclusive representative’s interpretation of contract provisions governing probationary release was arbitrary, discriminatory or advanced in bad faith. Even if representative’s interpretation had been incorrect, charging party did not show that any reasonable alternative interpretation of the collective bargaining agreement would call into question representative’s interpretation that a grievance challenging charging party’s termination stood little to no chance of success.