Headnote for 1444E, 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 1444E

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

Allegations that Union failed to represent Charging Party before the Equal Employment Opportunity Commission and in the District's internal complaint procedure fail to state a prima facie case of a breach of the duty of fair representation as the duty of fair representation is limited to contractually based remedies under the Union's exclusive control. As neither the EEOC matter nor the District's internal complaint procedure were within the Union's exclusive control, the Union owes no duty of fair representation in those matters.