UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 1474M
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800.01000 – In General; Prima Facie Case
Under the MMBA unions owe a duty of fair representation to their members, and this requires them to refrain from representing their members arbitrarily, discriminatorily, or in bad faith. The duty of fair representation is not breached by mere negligence. In order to state a prima facie violation of the duty of fair representation under the MMBA the charging party must, at a minimum, include an assertion of facts from which it becomes apparent in what manner the exclusive representative's action or inaction was without a rational basis or devoid of honest judgment.