Labor & Employment Law

Duty of fair representation

By Harvey Randall, Esq.

Duty of fair representation
Matter of Stacy Bray and Amalgamated Transit Union Local 1056, U26175, ALJ Cacavas

ALJ Cacavas dismissed Stacy Bray?s charge alleging her union breach its duty of fair representation because it was based merely upon her ?belief? that the Union could have handled her case better and because the Union failed to provide her with an opportunity to review its post-hearing brief before its submission. In addition, ALJ Cacavas ruled that as there no evidence to establish that multiple settlement offers were made by the Employer, Bray?s claim that the Union breached its duty by failing to convey ?better? settlement options to her had to be dismissed as well. The Judge Cacavas ruled that ?Only upon a showing of conduct which is arbitrary, discriminatory, or in bad faith will a duty of fair representation breach be found.?

Full post as published by New York Public Personnel Law on March 17, 2008 (boomark / email).