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

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The Dills Act duty of fair representation does not apply to representation in the employer's internal investigation of a citizen's complaint because that forum is unconnected with any aspect of negotiation or administration of a collective bargaining agreement and the union does not exclusively control the means to the particular remedy; p. 15. The prohibition against an employee organization's discrimination or retaliation against employees because of their protected activity is not limited to those functions of the exclusive representative which carry with them the duty of fair representation; p. 16.