Reply – Re: MANDATORY ARBITRATION UNDER THE UBC CBA's
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Re: MANDATORY ARBITRATION UNDER THE UBC CBA's
— by iamlistman@yahoo.com iamlistman@yahoo.com

TED ;  This the time frame issue.
Look to why it wasn't followed, In the middle of C 1 below it flatly states a remedy that means a violation occurred.


As taken from C1 - DUTY of FAIR REPRESENTATION.
  "  When the result of the union's violation of its duty of fair representation leaves the employee with no process to pursue the dispute with the agency ( WHEN THEY DO NOT ACT WITHIN SIX MONTHS ) when thy do not act within six months because the grievance procedure cannot be invoked because of timeliness or because it already has been improperly pursued, the issue becomes what remedy for the duty of fair representation is appropriate."





C. Office of the General Counsel Guidance When the Duty of Fair Representation Violation Concerns a Matter Which Would Have Been Decided Under The Negotiated Grievance Procedure But For The Duty of Fair Representation Violation By The Union.
1. Types of Disputes

These duty of fair representation violations typically involve situations where the union does not properly represent an employee in a dispute with the agency. The union's violation has precluded the employee(s) from having the underlying dispute with the agency decided under the negotiated grievance procedure. These type of situations can arise from discrimination based on union membership as well as when union membership is not a factor.
In these types of situations, the dispute between the employee and the agency is based on a contractual right and seldom concerns statutory rights that may be pursued by the employee against the agency through the unfair labor practice process. As such, the union's violation often involves either the failure to file a timely grievance or failure to properly process a grievance. When the result of the union's violation of its duty of fair representation leaves the employee with no process to pursue the dispute with the agency because the grievance procedure cannot be invoked because of timeliness or because it already has been improperly pursued, the issue becomes what remedy for the duty of fair representation is appropriate.