UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Scope of Duty; Internal Union Affairs
Single Topic for Decision 2256E
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800.04000 – Scope of Duty; Internal Union Affairs
In order to state a prima facie violation of the duty of fair representation, a charging party must at a minimum include an assertion of facts from which it becomes apparent in what manner the exclusive representative’s action or inaction was without a rational basis or devoid of honest judgment; the burden is on the charging party to show how an exclusive representative abused its discretion, and not on the exclusive representative to show how it properly exercised discretion; PERB will not review matters concerning internal union affairs unless they have a substantial impact on the relationship of unit members to their employer so as to give rise to the duty of fair representation; where charge alleged that charging party was not given proper notice of an item up for vote on an issue concerning the evaluation of faculty members, that the exclusive representative did not follow its rules relating to quorum and that he was not provided with an opportunity to vote, charge failed to allege how these internal union affairs had a substantial impact on the relationship of employees to their employer so as to give rise to a duty of fair representation.