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The union?s duty of fair representation does not require it to arbitrate every grievance filed by a unit member

The union?s duty of fair representation does not require it to arbitrate every grievance filed by a unit member
Antonio Jenkins And United Federation Of Teachers, Local 2, AFT, AFL-CIO, and Board Of Education Of The City School District Of The City Of New York, PERB U-26822 [Adapted from the PERB website]

PERB affirmed the decision of the ALJ dismissing the improper practice charges filed by Jenkins against the District and his bargaining agent, UFT. Jenkins alleged that the District violated the Act by threatening him with poor evaluations for filing two grievances and that UFT failed to properly represent him in the processing of two grievances.

Significantly, the Board said that UFT did not violate its duty of fair representation in handling an initial grievance filed by Jenkins and by thereafter deciding not to pursue a second, identical, grievance to arbitration, having been unsuccessful at arbitration of the first grievance.

Full post as published by New York Public Personnel Law on November 10, 2008 (boomark / email).