CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration

Single Topic for Decision A145S

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Futility so as to preclude deferral to arbitration does not exist simply because the charging party has had disputes with union officers. Futility exists where the union officers previously have committed themselves to a position so adverse to the grievant as to be in conflict of interest. This includes such conduct as advocacy of the grievant's termination by the employer.