Definitions for "DUTY OF FAIR REPRESENTATION"
7114(a)(1): "An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership." See NTEU v. FLRA, 800 F.2d 1165 (D.C. Cir. 1986), where the court held that the union's duty of fair representation is limited to matters as to which the union is the exclusive representative. Also see 28 FLRA No. 118, where FLRA said the following: "Where the union is acting as the exclusive representative of its unit members, we will continue to require that its activities be undertaken without discrimination and without regard to union membership under section 7114(a)(1). We will not, however, extend those statutory obligations to situations where the union is not acting as the exclusive representative . . . ." See 49 FLRA No. 71 for an example of a violation of this duty (members-only poll regarding seniority-based benefit system administered by union) and 46 FLRA No. 81 where FLRA found no violation because the nonmember employee against whom discipline was proposed had a right to have a representative of her own choice.
the union's obligation to act diligently and fairly in the interests of members of the bargaining units. This flows from the union's role as the exclusive representative of all those in the bargaining unit.
The union's obligation, as the exclusive bargaining representative of a group of employees, to represent fairly all employees in the bargaining unit in grievance handling as well as contract negotiations.