– Re: MANDATORY ARBITRATION UNDER THE UBC CBA's
In Reply To
A. Union Representatives on a Work Group Owe a Duty of Fair Representation
When employees are selected to work groups by the exclusive representative and serve as union representatives on those work group, those union representatives owe a duty of fair representation to the bargaining unit. As discussed in the work group guidance, the work groups serve as an extension of the collective bargaining relationship and an alternative means of communication between the union as the exclusive representative and the agency. Since the employees are serving as union representatives, I am of the view that the statutory duty of fair representation attaches to their activities, just as if those representatives were negotiating a contract or processing a grievance. Although the union, as the exclusive representative, remains empowered to select its own representatives and may chose to only select union members, although not required to do so, those representatives must not violate the duty of fair representation while representing the interest of the entire bargaining unit.
Had a crooked BA on a grievance, - you had a bad District Council on thnat grievance !