UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Scope of Duty; Internal Union Affairs
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800.04000 – Scope of Duty; Internal Union Affairs
An exclusive representative owes no duty of fair representation to a unit member, unless the exclusive representative possesses the exclusive means by which such an employee can obtain a particular remedy. The general rule is that when a bargaining unit member is free to represent themselves or hire an attorney to pursue their claim, the union is not bound by the duty of fair representation. This is especially true when the claims involve matters that are extra-contractual or the enforcement of state or federal statutes.