- June 10, 2021
- Duty of Fair Representation
First of three decisions. Duty of fair representation complaint. The member (Canale) alleged that the local breached its duty in failing to arbitrate a grievance arising out of his termination. The member waited eight months before pursuing the issue with the local and then again delayed in filing his complaint with the Board. He provided no explanation for either of these delays. The local argued that even absent the issue of delay the member had failed to plead a prima facie case. The Board directed that the member provide explanations for the delays and, having agreed with the local that the member had failed to plead a prima facie case, provided him with an opportunity to amend his pleadings to include material facts.