Decision 1709M – Alameda County Probation Peace Officers Association (Huntsberry)

SF-CO-55-M

Decision Date: November 16, 2004

Decision Type: PERB Decision

Description:  Allegation that union breached duty of fair representation by refusing to represent her before civil service commission and in criminal proceedings.

Disposition:  Board dismissed charge as an exclusive representative does not owe a duty of fair representation to unit members in a forum over which the union does not exclusively control the means to a particular remedy.

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Perc Vol: 29
Perc Index: 13

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

An exclusive representative does not owe a duty of fair representation to unit members in a forum over which the union does not exclusively control the means to a particular remedy. Employee alleged that union violated duty of fair representation by refusing to represent her before civil service commission and in criminal proceedings. Board dismissed charge on the grounds that the union does not exclusively control representation of such proceedings