Decision 2077M – International Federation of Professional and Technical Employees, Local 21, AFL-CIO (Maxey)
Decision Date: November 4, 2009
Decision Type: PERB Decision
Description: The Board upheld the dismissal of an unfair practice charge in which the charging party alleged that IFPTE violated the MMBA when it failed to adequately represent him in connection with a grievance filed in response to his termination.
Disposition: The Board held that the charging party failed to establish that IFPTE acted arbitrarily, discriminatorily, or otherwise in bad faith.
Perc Vol: 33
Perc Index: 184
800.01000 – In General; Prima Facie Case
In order to state a prima facie violation of the duty of fair representation under the MMBA, the charging party must allege facts demonstrating that the exclusive representative’s action or inaction was without a rational basis or devoid of honest judgment. In analyzing whether an honest judgment has been made, PERB does not decide whether the union’s assessment was correct, but only whether its judgment had a rational basis and was not reached for reasons that were arbitrary or based upon invidious discrimination.
800.05000 – Mode or Adequacy of Representation/Advocacy
Generally, the duty of fair representation is not breached by mere negligence or ineptitude. Instead, absent a showing of arbitrary exercise of power, a union is to be accorded wide latitude in the representation of its members.