UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Grievance Handling/Contract Administration

Single Topic for Decision 2259E

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In order to state a prima facie violation of the duty of fair representation, charging party must show that the respondent’s conduct was arbitrary, discriminatory or lacking in good faith; the duty of fair representation only applies to the enforcement of contract-based remedies under a union’s exclusive control, and therefore does not apply to actions in extra-contractual forums, such as pursing a lawsuit in civil court or enforcing the provisions of the Education Code; a union has no obligation to provide an employee with legal counsel or to assist an employee with legal fees; where union declined to pursue any action against the school district for an alleged violation of the non-reelection notice requirements under the Education Code, providing charging party with its rationale in a letter, and further declined to provide charging party with legal fees and/or legal representation, charge failed to state a prima facie violation of the duty of fair representation.