UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT – In General

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Employer’s charge that union committed an unfair practice by representing a confidential employee fails to state a prima facie case. The essence of employer’s charge is a dispute over the composition of a unit. In disputed cases, a unit modification can only be accomplished through PERB’s unit modification procedure. Employer cannot circumvent PERB’s unit modification procedure by bringing an unfair practice charge.