In sum, a complainant must show that the grievance was meritorious and that the union's conduct was arbitrary, discriminatory, or in bad faith. The individual teacher's contract was then received which stated the individual salary to the nearest penny rather than to a rounded dollar amount. The most change there was in an individual teacher's contract was forty-nine cents because of the change. The individual teacher contracts that were now in cents rather than rounded dollars were signed and returned to the School Corporation. Here, the YPE is the exclusive representative.
Exclusive representatives are to provide representation for all members of the bargaining unit.
To violate the duty of fair representation, there must be proof that the exclusive representative has engaged in arbitrary, discriminatory, or bad faith conduct. Here the exclusive representative did not act outside of a reasonable course of conduct so as to be irrational. The exclusive representative was not discriminatory or act in bad faith on this item. The payment of the salaries as stated to the penny benefitted some while others had benefited from rounding to the nearest dollar. This action affected the entire bargaining unit and did not single out members versus nonmembers.