UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Scope of Duty; Internal Union Affairs
Single Topic for Decision 2475E
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800.04000 – Scope of Duty; Internal Union Affairs
The representative has broad discretion to negotiate and modify collectively-bargained terms and conditions of employment but exclusively-represented employees are entitled to notice and some opportunity for input before the representative modifies collectively-bargained rights, so that employees may act to protect their interests. PERB does not require a contract ratification vote or prescribe the particular form of access for employees to communicate their views but the exclusive representative violates the duty of fair representation where it provides no notice of a modification of the collective bargaining agreement and conceals from employees a side letter that substantially affects employee seniority rights.