UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Other

Single Topic for Decision 2157E

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A violation of EERA section 3546.5 occurs when a union fails to make available to its members the financial report for the immediately preceding fiscal year. To be timely, a charge alleging a violation of section 3546.5 must be filed within six months of when the charging party knew or should have known that the employee organization failed or refused to provide the requested financial report for the immediately preceding fiscal year. Nothing in EERA section 3546.5 specifies that the union has an obligation to keep or make financial reports available to future members on an ongoing basis.