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

Single Topic for Decision 2581E

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PERB rejected a bargaining unit member’s argument that their exclusive representative’s past practice in filing disciplinary appeals on behalf of unit members created a duty to file an appeal in her case. An exclusive representative’s past practice with regard to grievance processing may be relevant to whether the representative breached its duty of fair representation by deviating from that practice in a particular instance. However, the duty of fair representation arises from the collective bargaining contract, not from a past practice itself. (pp. 2-3.)