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

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Under the MMBA, unions owe a duty of fair representation to their members. A union breaches that duty when its conduct toward its members is arbitrary, discriminatory, or in bad faith. The duty of fair representation is limited to negotiations and contractually based remedies under the union’s exclusive control. In general, the duty of fair representation attaches only when the union possesses the exclusive means by which an aggrieved employee can obtain a particular remedy. When an MOU preserves the right of a union to both participate in the grievance proceedings and control all requests for grievance arbitration, the union possesses the exclusive means by which an aggrieved employee can obtain a contractually based remedy. Accordingly, in such cases, the duty of fair representation attaches.