UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case

Single Topic for Decision 0342E

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Where employee organization filed superior court action and court deferred to administrative exhaustion, and charging party had withdrawn unfair practice charge, refusal to appeal superior court action is not per se, a discriminatory, bad faith decision made without a rational basis or devoid of honest judgment or a breach of the duty of fair representation.