Headnote for 1382S, 800.04000 - Scope of Duty; Internal Union Affairs - California Public Employment Relations Board

UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Scope of Duty; Internal Union Affairs

Single Topic for Decision 1382S

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800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

Allegations regarding union's failure to represent Charging Party at investigatory interviews. The investigative forum was apparently unconnected with any aspect of negotiation or administration of a collective bargaining agreement, and the exclusive representative did not exclusively control the means to the particular remedy. The allegations thus fell outside of IUOE's duty of fair representation under the Dills Act. Allegation regarding claims of wrongful dismissal, retaliation, and involuntary resignation on another part time job were either issues for another, extracontractual forum, or were unconnected with any aspect of negotiation or administration of a collective bargaining agreement, and also fell outside of IUOE's duty of fair representation.