UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 1269E
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800.01000 – In General; Prima Facie Case
To demonstrate a violation of EERA section 3543.6(b), the charging party must show that the Union's conduct was arbitrary, discriminatory or in bad faith; p. 5, dismissal letter; p. 3, warning letter. No violation where union refused to take grievances to arbitration and explained its decision. No violation where union took case to arbitration and the arbitrator dismissed the case because it concerned a statutory notice. It was unsettled in the law whether such cases could be artitrated; p. 5, warning letter.