UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Other
Single Topic for Decision 2204M
Full Decision Text (click on the link to view): Full Text
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.