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

Single Topic for Decision 0342Ea

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Employee organizations advise to pursue Education code violation through courts not a breach of duty of fair representation where there was pending charge before PERB. Union's taking calculated risk court might defer on exhaustion of administrative preemption where emerging precedent, is not evidence of negligent failure to perform a ministerial act, or demonstrate discriminatory, or bad faith conduct.