Decision –
Decision Date:
Decision Type:
Decision Headnotes
800.01000 – In General; Prima Facie Case
In order to state a prima facie violation of the duty of fair representation, a charging party must show that the union's conduct was arbitrary, discriminatory, or in bad faith. Arbitrary conduct requires a showing of conduct that was without rational basis or was devoid of honest judgment; p. 8.
800.03000 – Negotiations
Exclusive representative not obligated to bargain a particular item benefiting certain unit members.
1101.03000 – Computation of Six-Month Period
In duty of fair representation cases, the six month limitation period runs from the date the charging party knew or reasonably should have known that further assistance from the union was unlikely; p. 7.
1103.09000 – Consolidation, Severance, or Bifurcation of Proceedings
Consolidation of 11 separate charges on appeal are appropriate where the unfair practice charges are identical and the charging parties are similarly situated; p. 4.