Decision 2079M – IBEW Local 1245 (Flowers)
SA-CO-62-M
Decision Date: November 24, 2009
Decision Type: PERB Decision
Description: The Board reversed a dismissal of an unfair practice charge in which the charging party alleged IBEW violated the MMBA when it failed to adequately pursue a grievance filed on his behalf.
Disposition: The Board held that IBEW breached its duty of fair representation when it completely failed to investigate the facts underlying the charging party’s grievance. In addition, the Board held that IBEW breached its duty of fair representation when it failed to provide the charging party with an explanation regarding its decision to not elevate his grievance to arbitration.
Perc Vol: 34
Perc Index: 9
Decision Headnotes
800.01000 – In General; Prima Facie Case
Unions owe a duty of fair representation to their members, and this requires them to refrain from representing their members arbitrarily, discriminatorily, or in bad faith. The duty of fair representation, however, is generally not breached by mere negligence. Rather, absent a showing of arbitrary exercise of power, a union is accorded wide latitude in the representation of its members.
800.01000 – In General; Prima Facie Case
In order to state a prima facie violation of the duty of fair representation under the MMBA, a charging party must at a minimum include an assertion of facts from which it becomes apparent in what manner the exclusive representative’s action or inaction was without a rational basis or devoid of honest judgment.
800.05000 – Mode or Adequacy of Representation/Advocacy
A union’s reasonable decision not to pursue a grievance, regardless of the merits of the grievance, is not a violation of the duty of fair representation. In such cases, however, a union must explain why it chose not to process an employee’s grievance. Failure to provide such an explanation constitutes a breach of the duty of fair representation.
800.05000 – Mode or Adequacy of Representation/Advocacy
In duty of fair representation cases, arbitrary conduct may be found when the union completely fails to investigate the facts underlying a grievance.