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California Education Law › Due Process › Does the union have to take my case? Or can they refuse to pursue arbitration on my behalf?
Does the union have to take my case? Or can they refuse to pursue arbitration on my behalf?
Does the union have to take my case? Or can they refuse to pursue arbitration on my behalf?
Submitted by Bo Links on Tue, 08/04/2009
No, a union does not have to pursue every case to arbitration. Unions have a duty to fairly represent their members (called a "duty of fair representation"), but they do not have to pursue every case. A rule of reason applies. If the union acts reasonably, it may decline to pursue a bargaining unit member’s grievance if to do so would, in the union’s reasoned judgment, be detrimental to the collective well being of the bargaining unit in general.
