Is the union required to treat members and non-members the same in all matters?
No. Non-members must be treated the same as members only in matters: which are within the union’s scope of responsibility because it is the exclusive representative; and, over which the employee may not seek representation from another source, such as a private attorney. For example, the union may provide representation to members before the Merit Systems Protection Board (MSPB) and refuse to provide that same benefit to non-members because employees may select a private representative in that third party proceeding.
