UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Mode or Adequacy of Representation/Advocacy
Single Topic for Decision 2080M
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800.05000 – Mode or Adequacy of Representation/Advocacy
When a charge alleges that an exclusive representative breached its duty of fair representation by failing to act on behalf of an employee, PERB looks to whether the cumulative actions of the exclusive representative, considered in their totality, are sufficient to constitute a prima facie showing of an arbitrary failure to fairly represent the employee. Thus, prima facie case may be established based on an overall pattern of conduct, even if any one action by the exclusive representative, standing alone, would not constitute a breach of the duty of fair representation.