UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Scope of Duty; Internal Union Affairs

Single Topic for Decision 1914S


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800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

An exclusive representative does not owe a duty of fair representation to unit members in a forum over which the union does not exclusively control the means to a particular remedy. Since PERB is a forum outside the contract, the union does not owe members a duty of fair representation in proceedings involving PERB. Thus, the union’s refusal to file an unfair practice charge with PERB on an employee’s behalf does not violate the duty of fair representation.