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

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Even if collective bargaining agreement gives union member right to arbitrate his own grievance, union's refusal to allow member to exercise that right does not state a prima facie violation of EERA. Under EERA section 3543, once the employee requests the union to pursue his/her grievance to arbitration, pursuit of the grievance is within the sole discretion of the union (Chaffey Joint Union High School District (1982) PERB Decision No. 202); pp. 2-3, warning letter.