UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 1834E
Full Decision Text (click on the link to view): Full Text
800.01000 – In General; Prima Facie Case
For the purposes of establishing a violation of the duty of fair representation, a charging party must show that the union’s conduct was arbitrary, discriminatory, or in bad faith. It is not a violation for a union to withhold information as long as there are notice and an opportunity to be heard before a collective bargaining agreement becomes final. A union violates its duty if it excludes non-members from voting only if the non-members are left completely uninformed about the status of negotiations or if they are not provided an opportunity to express their viewpoints. (Fontana Teachers Association (1984) PERB Decision No. 416.) A union may exclude non-members from voting as long as the union provides them with an opportunity to communicate their views. (El Centro Elementary Teachers Association (1982) PERB Decision No. 232.