American Federation of Government Employees, Afl-Cio, Local 916 v. Federal Labor Relations Authority

JOHN P. MOORE, Circuit Judge.

This appeal presents the issue whether a union of government employees violates a duty of fair representation when it asserts a policy denying representation by union staff members to nonunion collective bargaining unit employees who pursue a statutory review of disciplinary actions. We conclude that the union’s duty to represent all employees within its bargaining unit is coterminous with the union’s power as exclusive representative and hold that because the statutory review procedures do not vest the union with any exclusive authority, the duty of fair…