Headnote for 0726H, 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 0726H

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

The exclusive representative's knowing misrepresentation of a fact that has a substantial impact on the relationship of the employer and the unit members during the contract ratification process is a violation of the duty of fair representation. A breach of the duty will not be found where the exclusive representative is guilty of mere negligence or poor judgment; pp. 7-8.