Determining the Merits

When we speak of the merits of a grievance, we are actually referring to two things: First, whether a violation of workers' rights has occurred; and second, whether there is sufficient proof that the violation did occur. It is the duty of the steward, staff representative, grievance committee, or any other union body involved in grievance handling to determine whether these two things exist, and to take appropriate action either to pursue the grievance, or to drop it. In this lies the key to the duty of fair representation as described by the courts: That a grievance must be taken through the grievance process by the union representative based on the merits of the case, and must not be denied the process through any discrimination, obvious negligence, or by any arbitrary or capricious decision to drop the case. There is, however, no obligation to pursue grievances which are totally lacking in merit or where the prospects of success are remote.