UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Grievance Handling/Contract Administration

Single Topic for Decision 2581E

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The Board declined to adopt the ALJ’s statement that, even if a union does not have exclusive control over the grievance process, it may be liable for failing to file a timely grievance if it promised a bargaining unit member that it would do so and then arbitrarily did not do so. The Board found Amalgamated Transit Union, Local 1704 (Buck) (2007) PERB Decision No. 1898-M, which the ALJ cited for that proposition, to be inapposite because the Board in Buck found that the union owed the employee a duty of fair representation since it maintained exclusive control over his contractually-based remedy.