Decision 0970E – United Teachers - Los Angeles (Wyler)
LA-CO-599
Decision Date: February 8, 1993
Decision Type: PERB Decision
Perc Vol: 17
Perc Index: 24040
Decision Headnotes
800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case
800.01000 – In General; Prima Facie Case
Burden is on charging party to show how exclusive representative abused its discretion, and not on exclusive representative to show how it properly exercised its discretion.
800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration
800.02000 – Grievance Handling/Contract Administration
The CBA between the parties allows the union the discretion to submit matters to arbitration with the grievant's concurrence. It does not say the union must submit the matter to arbitration. Allegations that exclusive representative decided not to arbitrate a grievance and did not provide grievant with a reason does not, by itself constitute arbitrary, discriminatory or bad faith conduct.