Union Owes No Duty Of Fair Representation To An Employee Outside Of The Bargaining Unit, Even If The Employee Seeks The Union’s Assistance To Be Included In The Bargaining Unit
In Nathalie R. Harper v. Alameda County Management Employees Association (Alameda County Medical Center) (2011) PERB Decision No. 2198-M, PERB upheld the Regional Attorney’s dismissal of the employee’s unfair practice charge on the basis that it was untimely filed, and that the association owed the employee no duty of fair representation because she was not within the association’s bargaining unit. PERB explained that a Union does have a duty to fairly represent an employee who is not within the Union’s bargaining unit. This is true even if the employee contends that her position should be included in the Union’s bargaining unit, and asks the Union to assist her in moving her position into to the bargaining unit.