Decision 1463E – Teamsters Local 572 (Brynjolfsson)
Decision Date: October 4, 2001
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged that the union violated the duty of fair representation.
Disposition: Dismissed. The union’s decision not to pursue the employee’s grievance to arbitration based on advice of legal counsel did not demonstrate that the union acted in an arbitrary, discriminatory or bad faith manner.
Perc Vol: 26
Perc Index: 33001
800.02000 – Grievance Handling/Contract Administration
Union decision not to take performance evaluation grievance to arbitration did not violate duty of fair representation when based on a rational interpretation of parties’ collective bargaining agreement and arbitrator’s authority when CBA allows challenge only to procedural irregularities in evaluation. Union believed that an arbitrator would have no authority to extend probation period or overturn evaluation. In addition, charging party provided no facts demonstrating the respondent acted in an arbitrary, discriminatory or bad faith manner.