Decision 1370H – American Federation of State, County and Municipal Employees, Council 57 (Ross-Ezozo)
Decision Date: January 3, 2000
Decision Type: PERB Decision
Description: Employee appealed Board agent’s dismissal of charge alleging that union had violated the duty of fair representation in its processing of a grievance.
Disposition: Dismissed. No evidence that union’s conduct was arbitrary, discriminatory or in bad faith.
Perc Vol: 24
Perc Index: 31039
800.02000 – Grievance Handling/Contract Administration
Union's failure to pursue race discrimination claim where claim was not arbitrable and one of the grievants was white does not make out a DFR violation; p. 4, dismissal letter. Charging party's desire to accept settlement offer and continue to pursue the grievance was not acceptance of settlement and union did not violate DFR by failing to obtain the settlement; pp. 4-5, dismissal letter.
800.05000 – Mode or Adequacy of Representation/Advocacy
A union is not under an obligation to process a claim which it feels it cannot win.