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

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In order to state a prima facie violation of the duty of fair representation under the MMBA, the charging party must allege facts demonstrating that the exclusive representative’s action or inaction was without a rational basis or devoid of honest judgment. In analyzing whether an honest judgment has been made, PERB does not decide whether the union’s assessment was correct, but only whether its judgment had a rational basis and was not reached for reasons that were arbitrary or based upon invidious discrimination.