UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 0902E
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800.01000 – In General; Prima Facie Case
To state a prima facie violation of the duty of fair representation, 3543.6(b), charging party must show that exclusive representative's conduct was arbitrary, discriminatory or in bad faith. Arbitrary conduct requires a showing of conduct that was without rational basis or devoid of honest judgment; pp. 4-5, warning letter.