UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Other

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To demonstrate that an exclusive representative discriminated against a charging party in violation of Dills Act section 3519.5(b), the charging party must show that: (1) the unit member exercised rights under the Dills Act; (2) the exclusive representative had knowledge of the exercise of those rights; and (3) the exclusive representative imposed or threatened to impose reprisals, discriminated or threatened to discriminate or otherwise interfered with, restrained or coerced the unit member because of the exercise of those rights, citing Novato; pp. 5-6, warning letter.