UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case

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An exclusive representative owes no duty of fair representation to a unit member unless the exclusive representative possesses the exclusive means by which such member can vindicate an individual right, and the right in question derives from a CBA. Permanent teacher dismissal proceedings are governed exclusively by the Education Code, and are beyond the scope of negotiations under EERA. Therefore, it was legally impossible for permanent teacher dismissal proceedings to be a term and condition contained in a CBA between the District and NEA-J, and NEA-J owed no duty of fair representation for the statutory teacher dismissal procedure. The CTA is not the exclusive representative for certificated bargaining units, and therefore owes no duty of fair representation.