and the last case on our far argument is green versus st barnabas hospital and ms green has five minutes to argue and we understand the coun was sent to your mother's address rather than to your dress you know that she didn't want you to get it that you're asked exactly right but have you heard any other explanation like there was a stale address or no you had not notified them of your new address  but i know where she puts mail so i looked away and i saw this letter of course i was very very upset and i called nineteen whims and mediately why did you send this letter to my mother's house after the date of the hearing just a few days after you can send it in addition but when i send it to new jersey will you know i live there to make any sense to me and   after that it's about seven months to have had to have a schedule right and that was cancelled and no way i found out that meeting was cancelled  because i had called i was calling a few days before this you never answered so i text and then i end up calling a delegate who end up and then they reach to me that's how exactly that happened and i was this kind of thing was going on and on and the reason i'm saying that the lower court is because they did not apply to pop a standard of review when joined his conclusions since the reasoning for his conclusion rested on false premises he didn't have what he needed to make this conclusion now i did read his judgement judgement decision h and i saw lots of things in there that was not true and i was trying to figure out how did it get there so i had a discussion with my you know attorney and he said that's why we are three grievance meeting my colleague at my law firm was informed by her prior attorney that they would not be proceeding with that process and after judge products decision a step three meeting with the employer and median williamson was scheduled and miss crean did not appear for it and so what what we have concluded because we've been told so directly is that she will not participate in that process even though the union would very much like to do so because that is the way that you get a remedy under the a is to have a step three hearing if the employer denies the grievance then the grievance can move to arbitration and be assigned to an arbitrator an arbitrator has the authority at that point to tell you know if the grievance has merit to reinstate the grieve and the appellant to award back pay but none of that can happen unless she participates in the process which she has opted not to do up to now up to now it's she's not foreclosed from doing that within a reasonable period of time saying yes i would like to go to step three well i could she walk out of there and say yes i'd go to step three and you'd help arrange that we would the unions perspective is that we steps hearing i don't know what she's talking about you only have forty five days for those that hearing it's been a year in change up to now it's four years and i still have not at those that i have no idea what she's talking about  my age in a new contract all right so let me let me ask you are judged running follow up as well but now having heard would you've heard would you proceed to a step three hearing or you declining how that's right just validate dismissed without prejudice because they were claiming there was this path to an arbitration which i knew wasn't true do you want to step three here we could defer decision on this pending your on this case pending your having a step three hearing that procedure and you could let us know afterwards what you want a decision one way or the other but you want  i'm not quite sure what to do because you can't you can't if you don't win an arbitration i was a contract administrator for many years and i know what the procedure is and if you lose  to say oh well i wasn't you can't do that and i know that and i also know when i'm not being represented i also know when someone is just going through the motions and pretending and i believe this is what they're doing as a matter of fact and i got paperwork to tell that they were not coming today that's why i'm not prepared i thought it was going to be just me speaking that's what made me nervous i was like wow i'm not prepared for what they're going to say but i can answer it anyway i'm hoping ok so i decide within whatever the presider says the time is otherwise we take your decision to be no you ok then i have a question if i can ask for and if i to decide to hearing and of course that's a process to be made all the process of arbitration needs to be expedited then he has to be part of the deal i've been unemployed for four years so so we have a process here called camp which is i can't remember where but it's but essentially a mediation process and i'm wondering if a neutral and meet mediator who is not a judge who is a person who doesn't tell us what he or she  discusses with the parties if you have i'm asking counsel as well on the at pelleas side whether we couldn't get perhaps get this back on track by having a camp mediator try to work with both sides and evolve a process that might help both of you and this is a person who essentially conducts the discussions back and forth and maybe you could get the fine details it's it is difficult for if not impossible for us up here to say yes the union has to do it and they have to expedite it and that sort of thing but it is certainly something that the three parties could do it would not be the it would not be the step three process it would be the rules under which the step three process would go forward as i see it but i think i will leave that to the parties you know that's that's that what i what why don't we do this we will ms green we will give you forty eight hours to make a decision and then we will after that make our decision  and one of the decisions could be that you could have a camp mediator try to help work this  out and understand we have we have read your papers we have your arguments here which frankly were quite good and well presented so we understand what your arguments are and all you need to do is buy what's today tuesday by the end of the work day thursday let the clerk's office know whether you would like to two options essentially either to get together with the union and go to step three or you would like a camp mediator to help you get an agreement with the union on how the step three process will go forward understand something but to give them another opportunity to stick a knife in me i don't want to i don't want it and they're laughing at me i don't want it you don't explicitly wrote a letter it's in the record say she did not want to proceed with the arbitration and that is part of the record in this case right now no you know the reason i asked for a minute is that and i think the hospital acted properly in those circumstances that the whole process should not be interrupted and sent back to arbitration after this period of time where there was no to re or she's already said she doesn't want to look at what a blanket notice to the mother's house and that reschedule you for seven months even if that occurred and we weren't part of the hospital isn't part of that i don't think that's a preacher the duty that's not enough under established was to establish the invidious conduct that creates a duty a breach of the duty of fair representation which is a prerequisite to holding the hospital involved in  want to be if you say if it's alleged that she sent the notice to the wrong address on purpose and then one it was discovered took seven months to schedule the step three hearing one when the collective bargaining agreement says fifteen days how is that not true i'm not saying it is true but if it were true why isn't that enough to to say that looks like bad faith to me jurisprudence of this court has been that the way it's not enough to establish faith that there has to be something more than time untimely death way especially where rights aren't lost the parties were willing to go to arbitration they were willing to go to the third step grievance and there are multiple occasions in the record where the o thank you so bad i was ill had to have medical treatment when my medical doctor filed my disability papers i was terminated with a letter to my house with eleven and i follow way of it because they called me and told me to expect this