Decision 0967S – California Union of Safety Employees (Baima)

Although the Dills Act does not contain a specific statutory provision setting out the duty of fair representation, PERB decisions have assumed the existence of a duty under the Dills Act; p. 12, proposed dec.

Duty of fair representation does not provide absolute right to have grievance taken to arbitration; No obligation for exclusive representative to pursue grievance to arbitration where potential for success at arbitration is doubtful; pp. 12-13, proposed dec. Threaten lawsuit by a member does not negate the exclusive representatives role in representing that member; A union cannot refuse to process a grievance because exclusive representative believes its member has engaged in conduct that the union considered disloyal; p. 3. The ALJ relied on Plumbers Local Union 598 Columbia Mechanical Contrators Assn. (1980) 250 NLRB 75 [104 LRRM 1440] where a union breached the duty of fair representation when it refused to process a grievance because the grievant had filed charges with public agencies; p. 15, proposed dec. Letter from union's general counsel ceasing all activities on with public agencies; p. 15, proposed dec. Letter from union's general counsel ceasing all activities on Where union has shown bad faith in the processing of grievances it is appropriate to require the union to hire outside counsel to do it. Reasonable attorneys fees granted; p. 3; pp. 16-17, proposed dec.

Reinbursement of attorney fees denied as requests appear to be for the covering of costs incurred outside the present PERB hearing; p. 15, proposed dec. Where union has shown bad faith in the processing of grievances it is appropriate to require the union to hire outside counsel to do it. Reasonable attorneys fees granted; p. 3; pp. 16-17, proposed dec.