Decision 0902E – San Diego Teachers Association (Hernandez)

EERA section 3543 does not guarantee employees the right to vote in general elections free from the influence of financial self-interest; pp. 2-3.

To state a prima facie violation of the duty of fair representation, 3543.6(b), charging party must show that exclusive representative's conduct was arbitrary, discriminatory or in bad faith. Arbitrary conduct requires a showing of conduct that was without rational basis or devoid of honest judgment; pp. 4-5, warning letter.

EERA section 3543 does not guarantee employees the right to vote in general elections free from the influence of financial self-interest; pp. 2-3.

A complaint challenging the amount of an agency fee may not be issued until the exclusive representatives Agency Fee Appeal Procedure is exhausted (PERB Regulation section 32994) unless the appeals procedure is insufficient on its face; p. 4, warning letter.

As the alleged conduct occurred beyond the six-month statute of limitations, the unfair practice charge must be dismissed; p. 4, warning letter.

An individual does not have standing to allege a violation of EERA section 3543.6(c); p. 3, fn. 3.