UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 2580S
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800.01000 – In General; Prima Facie Case
The law does not impose any obligation to represent employees, 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 collective bargaining agreement. (National
Education Association-Jurupa (Norman) (2014) PERB Decision No. 2371, pp. 14-15.) A Name-Clearing hearing and State Personnel Board appeal are statutory rather than collectively-bargained for. Therefore, a union owes employees no duty of fair representation in either of these contexts.