UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case

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Board dismissed charge alleging that union’s refusal to represent employee in a civil service commission hearing violated the union’s duty of fair representation. Board held that duty of fair representation only applies to proceedings where representation is exclusively provided by the union. Since charging party was free to represent herself before the commission, or hire an attorney to do so, Board held that duty of fair representation was not triggered.