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

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800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

An exclusive representative does not owe a duty of fair representation to a bargaining unit member unless the representative possesses the exclusive means by which such member can vindicate an individual right. Here, the union did not have exclusive control over the disciplinary appeals process because the bargaining contract authorized either the union or the affected employee to file a notice of appeal. (pp. 4-5.)