Decision 2079M – IBEW Local 1245 (Flowers)

SA-CO-62-M

Decision Date: November 24, 2009

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 9

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; 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.