Labor & Employment Law

Employee's complaint that her union refused to pursue a grievance to arbitration dismissed by PERB

Employee's complaint that her union refused to pursue a grievance to arbitration dismissed by PERB
Danna and Rochester Teachers Association, PERB Decision U-27886, 3/5/08

Bernadette Danna contended that the Association violated §209-a.2(c) of the Act when it decided not to arbitrate Danna's contract grievance seeking personal injury benefits under the collectively negotiated agreement.

The Board affirmed the decision of the Director of Public Employment Practices and Representation (Director) dismissing Danna?s allegation.

Reiterating that an employee organization is entitled to a wide range of reasonable discretion with respect to its filing and prosecution of grievances under the Act, PERB found that the Association did not violate the Act when it decided not to pursue the grievance to arbitration.

The Association, said PERB, had carefully reviewed the record of the grievance, made an informed decision and advised Danna of its position.

Therefore, the Board concluded, the Association had not acted in a manner that was arbitrary, discriminatory or in bad faith.

Full post as published by New York Public Personnel Law on May 15, 2008 (boomark / email).