Decision 0106E – Service Employees International Union, Local 99 (Kimmett)

Exclusive rep has duty to represent all employees in the unit fairly in meeting and negotiating, consulting on educational objectives and administering the written agreement; pp. 8-9. Only such activities that have a substantial impact on the relationships of unit members to their employer are subject to the duty; pp. 8-9. Choice of general meeting times does not itself have a great impact on the employee organization's ability to represent all of its members; p. 11. DFR does not include a duty to hold on-site meetings with unit members to discuss progress of negotiations; p. 11. DFR does not include a duty to hold on-site meetings with unit members to discuss progress of negotiations; p. 11. members of the negotiating team; p. 12.

To constitute an unfair practice, separate from DFR, union conduct must tend to or actually result in some harm to EERA guaranteed rights. See Carlsbad #89; sections 3540 and 3543 do not give employees more rights in the internal activities of an employee organization than they have under section 3544.9; p. 13.