2009AP1524 SEIU v. WERC

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Labor
Duty of fair representation

Multiple acts by a union, none of which is arbitrary individually, cannot be considered arbitrary in the aggregate.

“WERC has never before held that various substantially different actions, none of which are arbitrary individually, can nonetheless become arbitrary in the aggregate and thereby support a determination that the union breached its duty of fair representation. WERC’s decision does not explain the reason for its departure from existing policy. We conclude that WERC’s analysis is contrary to existing case law outlining the actions that constitute arbitrary conduct. Moreover, WERC’s analysis is problematic, because it makes it impossible for unions attempting to govern their conduct to know what conduct WERC will consider arbitrary. WERC tells unions that certain acts are not arbitrary, but if a union engages in enough such acts, the union then breaches its duty of fair representation. This is hardly clear guidance, and it is contrary to the principles underlying the judicially created duty of fair representation.”

Reversed.

Recommended for publication in the official reports.

2009AP1524 SEIU v. WERC

Dist. I, Milwaukee County, Hansher, J., Kessler, J.

Attorneys: For Petitioner: Matthew R. Robbins, Yingtao Ho, Milwaukee; For Respondent: Steven C. Kilpatrick, Milwaukee

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