Decision 2323S – California Association of Professional Scientists (Hsu)
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Decision Type: PERB Decision (Non-Precedential)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.