The duty of fair representation (DFR) comes in two parts. The first is the obligation to represent all bargaining unit members fairly and in good faith. The second is to protect the bargaining unit from employer unfair labor practices, or, as it is called in Civil Service, prohibitive practices.

This section describes those duties. Read it carefully.

What is the Duty of Fair Representation?

MCO’s right of exclusive representation carries with it a duty of fair representation: it must represent all employees covered by the MCO contract, fairly and in good faith. A breach of the DFR occurs when MCO’s conduct is arbitrary, discriminatory, in bad faith, or grossly negligent. Furthermore, MCO’s conduct cannot be perfunctory, that is, merely going through the motions of representing an employee and superficially handling a grievance.