Decision 0970E – United Teachers - Los Angeles (Wyler)

Burden is on charging party to show how exclusive representative abused its discretion, and not on exclusive representative to show how it properly exercised its discretion.

The CBA between the parties allows the union the discretion to submit matters to arbitration with the grievant's concurrence. It does not say the union must submit the matter to arbitration. Allegations that exclusive representative decided not to arbitrate a grievance and did not provide grievant with a reason does not, by itself constitute arbitrary, discriminatory or bad faith conduct.