UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 1147E
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800.01000 – In General; Prima Facie Case
In order to state a prima facie violation of the duty of fair representation, charging party must show specifically what was requested of the union, what the union did, the contractual basis for the grievance and that the exclusive representative's conduct was arbitrary, discriminatory or in bad faith (citations); pp. 2-3, warning letter. Duty of fair representation does not require an exclusive representative to advise an employee accurately concerning rights and duties pertaining to the exercise of legal remedies outside of the collective bargaining agreement including the existence of EERA and PERB; p. 2, warning letter.