Gustafson, P. v. American Fed. of State, Aplt.

Summary

The Court held that a public employee alleging that a union mishandled a grievance in breach of the duty of fair representation is limited under PERA to an order compelling nunc pro tunc arbitration, rather than damages against the union. Because the employer must participate in that arbitration, the public employer is an indispensable party. Chief Justice Todd, dissenting, would have allowed damages against the union and limited the arbitration remedy to the circumstances presented in the Court's prior precedent.