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

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In order to state a prima facie violation of EERA section 3544.9, a charging party must show that the association's conduct was arbitrary, discriminatory, or in bad faith; warning letter, p. 8. Even if the exclusive representative promised to appear at a hearing and then fails to attend, without facts showing that the failure to attend was motivated by bad faith, arbitrary conduct or capriciousness, no prima facie case is stated; p. 2.