Decision 0660E – California School Employees Association (Mrvichin)

The exclusive representative has no duty of fair representation to provide assistance for an individually filed unfair practice charge with PERB since the EERA does not provide to employee organizations the exclusive right of filing charges. Exclusive representative has no duty under EERA to represent employees in cases (here, in charge filed by individual with PERB) involving extra-contractual remedies. Exclusive representative's duty of fair representation does not require representation to be "satisfactory."

Evidentiary facts, not conclusions (e.g., "union did not approach the case with open mind, did not investigate case with care, failed to adequately present case," etc.) must be alleged to constitute a prima facie violation of EERA section 3543.6 and 3544.9. Statement by union representative that charging party "should be fired" insufficient to state prima facie case of discrimination or breach of duty of fair representation where: statement appears to be an expression of personal opinion; no showing that the statement led to union's failure to exercise duties owed to charging party or led it to act in arbitrary, bad faith, or discriminatory fashion toward employee; and no facts demonstrate that the union rep making the statement interfered with relationship between employee and employer.