UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Other

Single Topic for Decision 2204M


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800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

In Lane v. I.O.U.E. Stationary Engineers (1989) 212 Cal.App.3d 164, 169-171 (Lane), the court held that even though a duty of fair representation does not extend to extra-contractual proceedings, a duty “akin” to the duty of fair representation may arise where the union chooses to provide representation; PERB has not adopted this theory as the basis for an unfair practice charge; rather, PERB views Lane as implicating a cause of action that may be prosecuted in state court, but is outside PERB’s jurisdiction.