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

Single Topic for Decision 1152H

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* * * OVERRULED IN PART by Mount Diablo Education Association (Scott) (2010) PERB Decision No. 2127, where the Board held that a violation of the duty of fair representation may be established based on inaction that occurred more than six months before a charge is filed, provided the inaction was part of the same course of conduct as inaction within the statutory limitations period. * * *

A pattern of failure to respond to the employer or employee during the grievance procedure established a prima facie violation of arbitrary failure by the exclusive representative to fairly represent the employee; p. 8.