UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Scope of Duty; Internal Union Affairs

Single Topic for Decision 3053E

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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 process because Charging Party’s right to a pre-deprivation hearing, and to pre-disciplinary due process, exist separate and apart from the CBA or CSEA’s obligations as the exclusive representative. Neither union representatives nor the CBA itself waived or diminished Blake’s right to participate in pre-disciplinary processes. (pp. 8-9.)