Actions are attributable to improper motives or fraud: An employee is denied a grievance because of efforts to bring in another union, their intra-union political activities, non-membership in MCO, or based on sex, color, race, or personal animosity.

 

Conduct is wholly arbitrary; there is no basis upon which conduct can be explained: if MCO refused to process a grievance without any inquiry at all or if there is  a contract or internal union policy which clearly and unambiguously supports the employee's position and MCO, without explanation, refused to support the employee.

 

Note: If MCO's investigation reaches a conclusion that is later found to be erroneous, so long as the MCO's contract interpretation has some basis in reason, their refusal to process the grievance will not be considered arbitrary.

 

Conduct is grossly negligent; there is a reckless disregard of the interests of the unit employees: MCO breaches DFR by failing to notify the employee their grievance will not be taken to arbitration, thereby leading them to reject a settlement offer they would have otherwise accepted.

 

Conduct improperly undercuts an employee's grievance: Gross negligence in meeting grievance time limits.

 

Note: Just because MCO invokes the grievance procedure does not mean we are precluded from settling the grievance or agreeing with the employer's position.  Regarding settlements, MCO can consider the costs of further processing the grievance and decide to accept less than the employee seeks.

 

How to avoid charges of fair representation

 

The following guidelines are intended to assist stewards in handling grievances in a manner designed to avoid meritorious DFR lawsuits and ULP charges.

 

• All grievances should be carefully investigated to determine their merit.

 

• Records of such investigations should be recorded in writing and maintained.

 

• Maintain adequate communication with the grievant to assure them of the local's concern, efforts and good faith.

 

• Private Counsel for the grievant should be treated courteously.

 

• Process the grievance promptly. Contract time limits should be scrupulously observed, and any continuances confirmed in writing.

 

• Treat all members of the bargaining unit equally. Decisions to pursue grievances or arbitration must be made solely on the merits.

 

• The opinion of local union officials and sometimes MCO legal department, MCO President, or MCO Trustees should be obtained in borderline cases.

 

• Have a valid reason for any action taken on a grievance.

 

• The decision on whether to arbitrate should be made at the appropriate union level.

 

• A decision to discontinue a grievance and the reason (simply stated) must be communicated to the grievant.

 

Note: If a grievance lacks merit and cannot be won, drop it. Don’t let an attorney or the threat of a lawsuit influence MCO’s judgement. It is MCO’s right and obligation to keep the grievance procedure free of non-meritorious grievances. However, the grievant must be informed and MCO should maintain a written record of the objective reasons why you failed to file or dropped the grievance.