Decision 2323S – California Association of Professional Scientists (Hsu)

SF-CO-61-S

Decision Date: August 23, 2013

Decision Type: PERB Decision (Non-Precedential)

Description: Charging party alleged that union breached duty of fair representation when the attorney provided by the union failed adequately to represent him in a dismissal hearing before the State Personnel Board (SPB).

Disposition: Dismissal affirmed.  Charging party failed to state a prima facie case. Union’s duty of fair representation does not extend to representing bargaining unit members in cases involving a forum, such as SPB, that concerns an individual right unconnected with negotiating or administering a collective bargaining agreement.

Decision Headnotes

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