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

Single Topic for Decision 0898E

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CSEA does not owe a duty of fair representation in pursuit of charging party's merit system rules complaint, since CSEA does not control the exclusive means to obtain a remedy in this matter. This procedure is independent of and wholly outside the grievance procedure in the agreement between CSEA and the District; p. 9, warning letter. 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. An exclusive representative has no duty to represent a unit member in a matter outside the scope of representation. A duty of fair representation does not subsequently arise when the exclusive represenative undertakes to assist a unit member in a matter outside the scope of representation; pp. 2-3. represenative undertakes to assist a unit member in a matter outside the scope of representation; pp. 2-3.