Mount Wachusett Community College Faculty Association, 14 Mass. App. Ct. 191, 199 (1992) (citations omitted). Here, Pierces allegation that the Union failed to represent her by not taking her grievance to arbitration is meritless.

Mount Wachusett Community College Faculty Association, 14 Mass. App. Ct. 191, 199 (1982) (citations omitted). A union must however exercise its discretion in a manner consistent with the Law. A union need not and can not please all of its members/officers all of the time. In this matter, ACE has exercised its discretion in a manner consistent with the Law.

Mount Wachusett Community College Faculty Association, 14 Mass. App. Ct. 191, 199 (1982) (citations omitted). A union must however exercise its discretion in a manner consistent with the Law. A union need not and can not please all of its members/officers all of the time. In this matter, ACE has exercised its discretion in a manner consistent with the Law.

Mount Wachusett Community College Faculty Association, 14 Mass. App. Ct. 191, 199 (1992) (citations omitted). "Consequently, an aggrieved employee, notwithstanding the possible merits of his claim is subject to a union's discretionary power to pursue, settle or abandon a grievance so long as its conduct is not improperly motivated, arbitrary, perfunctory or demonstrative of inexcusable neglect." Baker v.

Bay Community College Massasoit Community College Middlesex Community College * Mount Wachusett Community College Northern Essex Community College North Shore Community College + Quinsigamond Community College * Roxbury Community College Springfield Technical Community College COMMONWEALTH OF MASSACHUSETTS BEFORE THE DEPARTMENT OF LABOR RELATIONS REKKKEKKRKKRKRKKEARKRKEKREKRKEKEKKR KR KR KKK KER EEE ) In the matter of ) ) ) ) Board of Higher Education

Mount Wachusett Community College Faculty Association, 14 Mass. App. Ct. 191, 199 (1992) (citations omitted). Consequently, an aggrieved employee, notwithstanding the possible merits of his claim, is subject to a unions discretionary power to pursue, settle or abandon a grievance so long as its conduct is not improperly motivated, arbitrary, perfunctory or demonstrative of inexcusable neglect. Baker_v.

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Bay Community College Massasoit Community College Middlesex Community College * Mount Wachusett Community College * Northern Essex Community College * North Shore Community College Quinsigamond Community College * Roxbury Community College * Springfield Technical Community College & PRINTED ON RECYCLED PAPER COMMONWEALTH OF MASSACHUSETTS BEFORE THE DIVISION OF LABOR RELATIONS RKREREKREKEKRKEKEKRKEKRKE KR KK KEKE KKK KKK KKK KEES In the matter of Vu

Mount Wachusett Community College Faculty Ass'n, 14 Mass. App.Ct. 191, 199 (1982)). Here, there is no evidence of any unlawful motivation, such as discrimination. The Unions actions were obviously not perfunctory, as the Union was actively and aggressively involved in Dr. Sinapahs case over many months. Similarly, there is no allegation that the Union was neglectful of Dr. Sinapahs case.

Mount Wachusett Community College Faculty Association, 14 Mass. App. Ct. 191, 199 (1982)). To the extent that the CERB has not specifically addressed Dr. Sinapahs other contentions, they have not been overlooked. We find nothing in them that requires discussion. Department of Rev. v. Ryan R., 62 Mass. App. Ct. 380, 389 (2004) (quoting Commonwealth v.