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

Single Topic for Decision 1738M


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800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

MMBA does not expressly impose a statutory duty of fair representation on employee organizations. In Hussey v. Operating Engineers Local Union No. 3 (1995) 35 Cal.App.4th 1213, however, the court stated that under the MMBA “unions owe a duty of fair representation to their [unit] members, and this requires them to refrain from representing their [unit] members arbitrarily, discriminatorily, or in bad faith.” Because the Board found that the City and Association negotiated an MOU that discriminated against employees who abstained from participation in the Association, it also found that the Association’s actions in negotiating that MOU were discrimination and in violation of its duty of fair representation. (adopting proposed decision at pp. 11-12.)