Union did not violate its duty of fair representation when union representative recommended that employer file disciplinary action

Union did not violate its duty of fair representation when union representative recommended that employer file disciplinary action
Mtr. of Donaldson and the UFT, et al., PERB case U-24893

PERB affirmed the decision of the ALJ dismissing the charge that UFT violated §209-a.2(c) of the Act when a UFT representative advised a Local Instructional Superintendent to initiate disciplinary charges against Donaldson, a negotiating unit member, and that the District violated §209-a.1(a) when it miscalculated his years of service, failed to approve his line-of-duty injury designation and issued an unsatisfactory performance evaluation.

PERB found that the settlement agreement Donaldson signed that provided for his resignation and the dropping of the Education Law §3020-a charges brought by the District against him waived his right to file a charge alleging that the District miscalculated his years of service.