UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Grievance Handling/Contract Administration

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* * * OVERRULED by multiple decisions, as recognized in State of California (Department of Corrections and Rehabilitation) (2024) PERB Decision No. 2926-S, pp. 16-19 & fn. 10, because relied on notion that deferral was jurisdictional rather than discretionary, applied standards that are now superseded, and improperly deferred despite the fact deferral is normally improper if individual employees wish to arbitrate but their union controls that decision and declines to arbitrate. * * *

A charging party's "failure to exercise the grievance process," even if that precludes further pursuit of the grievance process and arbitration, "does not create futility" (Desert Sands Unified School District (1995) PERB Decision No. 1102); p. 2, dismissal letter.