Decision 1846S – Union of American Physicians and Dentists (Meenakshi, et al.)
Decision Date: May 24, 2006
Decision Type: PERB Decision
Description: The Board upheld the dismissal of an unfair practice charge in which the charging party alleged the union violated the Dills Act when it failed to negotiate specific gains for psychiatrists.
Disposition: The Board held the charging party’s dissatisfaction with the union’s bargaining strategy was insufficient to establish a prima facie case.
Perc Vol: 30
Perc Index: 130
800.01000 – In General; Prima Facie Case
The duty of fair representation does not require an exclusive representative to satisfy all members of the unit it represents. The union’s refusal to adopt a bargaining stance that could result in greater gains for a particular classification does not establish that the union breached its duty of fair representation.
800.03000 – Negotiations
The failure to negotiate is impermissible only when it is founded on the duty or obligation to do so. The union’s refusal to adopt a bargaining stance that could result in greater gains for a particular classification does not establish that the union breached its duty of fair representation.
800.05000 – Mode or Adequacy of Representation/Advocacy
Union agents must refrain from purposefully keeping unit members uninformed concerning grievances or matters affecting their employment. Factual misrepresentations based on simple negligence, however, do not violate a union’s duty of fair representation.
1100.03000 – Standing
Individual employees do not have standing to allege an exclusive representative violated its duty to meet and confer.