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Since the union is the authoritative spokesperson for all employees, it has the obligation
to represent all employees fairly.
A. Under state and federal labor acts, a union commits a prohibited practice if it refuses
to fairly represent a bargaining unit member.
2. For example, a union is not obligated to locate work for an employee who has
been discharged based on a physical disability, nor is the union required to help
the employee obtain rehabilitation services. Moreover, representation of
unemployment compensation and workers compensation claims generally are not
implicated by the duty of fair representation. Unions often volunteer to represent
bargaining unit members on such claims, however.
F. "Discriminatory" union conduct. Whenever the union takes an action which is based
upon irrelevant facts, it may be breaching the duty of fair representation by
discriminatory or bad faith conduct.
The WERC has since ruled that the union must, if challenged, put on record evidence of
the above considerations in its decision-making process, so that the record shows that the
union went through the weighing process and what factors it considered.