Headnote for 0203E, 800.04000 - Scope of Duty; Internal Union Affairs - California Public Employment Relations Board

UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Scope of Duty; Internal Union Affairs

Single Topic for Decision 0203E

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800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

An exclusive representative's duty of fair representation is not extinguished by the appearance of a question concerning representation (here, filing of a valid decertification petition). Rather, it is terminated only after PERB certifies results of decertification election; pp. 2-3. Withdrawal of decertification election objections by incumbent union is not a per se violation of the duty of fair representation and, it is permissible for an organization to relinquish its representation status if the evidence fails to establish that, in doing so, it acted arbitrarily, capriciously or in bad faith; p. 5.