UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Scope of Duty; Internal Union Affairs
Single Topic for Decision 1132E
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800.04000 – Scope of Duty; Internal Union Affairs
The personnel commission and its rules are outside the collective bargaining process and the exclusive representative does not possess the exclusive means by which an employee can obtain a particular remedy. The exclusive representative, therefore, had no duty to represent the employee before the personnel commission; p. 16, proposed dec. The exclusive representative may withdraw from representation if it feels that its client is not following its advice and acting independently in a manner which undermines that representation process. This is not arbitrary, discriminatory or bad faith conduct. Correspondingly, an employee may terminate his relationship with the exclusive representative if he feels that it is not acting in his best interest. interest.