UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Other

Single Topic for Decision 2474E

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Respondent violated EERA section 3546.5 because the financial report provided was not “signed and certified as to accuracy by its president, treasurer, or corresponding principal officers.” An unexcused delay in responding to a request for a financial report is analogous to an employer’s unexcused delay in responding to a request for information that is relevant and necessary to an employee organization’s representational duties. Therefore, for the period of time between a request for the report and the delay in providing the signed report, the union was in breach of EERA section 3546.5. Subsequently providing a financial report after the issuance of a complaint, without explanation, does not excuse a violation prior to that date.