Decision 1217S – California Correctional Peace Officers Association (Horspool)
LA-CO-71-S
Decision Date: September 18, 1997
Decision Type: PERB Decision
Description: Employee appealed dismissal of his unfair practice charge against the Union for settling a group of grievances against the State.
Disposition: Dismissed. No violation of the duty of fair representation found in nondiscriminatory settlement agreement which benefits some unit members but not others.
Perc Vol: 21
Perc Index: 28146
Decision Headnotes
800.01000 – In General; Prima Facie Case
Board will find violation of duty of fair representation only if the exclusive representative's conduct was arbitrary, discriminatory, or in bad faith; p. 3, warning letter. Because exclusive representative has duty to represent all the members of the bargaining unit, a good faith, rational and nondiscriminatory settlement agreement that benefits some unit members and not others does not violate the duty of fair representation; p. 3, dismissal letter.
800.02000 – Grievance Handling/Contract Administration
Exclusive representative has considerable discretion in representing employees within the grievance procedure; pp. 2-3, dismissal letter. Because exclusive representative has duty to represent all the members of the bargaining unit, a good faith, rational, and nondiscriminatory settlement agreement that benefits some unit members and not others does not violate the duty of fair representation; p. 3, dismissal letter.