UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Scope of Duty; Internal Union Affairs
Single Topic for Decision 2204M
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800.04000 – Scope of Duty; Internal Union Affairs
The duty of fair representation extends only to contractual remedies under the union’s exclusive control; the duty of fair representation does not attach to Skelly hearings because they are extra-contractual proceedings where the union does not possess exclusive control over the means to a particular remedy; where charge alleged that the arbitration followed from a “predecessor Skelly hearing” and did not allege that the union’s representation arose out of an obligation found in the collective bargaining agreement, the charge failed to state sufficient facts, which if proven, would demonstrate that the union owed charging party a duty of fair representation.