Decision 1749S – California State Employees Association (Chen)
LA-CO-113-S
Decision Date: February 7, 2005
Decision Type: PERB Decision
Description: Chen alleged that CSEA breached its duty of fair representation by failing to help her seek reasonable accommodation for a disability.
Disposition: The Board dismissed the charge because the duty of fair representation does not extend to remedies outside of the CBA. There was no evidence that reasonable accommodation for a disability was covered by the CBA. Instead the reasonable accommodation form indicates compliance with the Fair Employment and Housing Commission. Even if the issue was covered by the CBA, Chen did not state facts showing that CSEA’s conduct was arbitrary, discriminatory, or in bad faith.
Perc Vol: 29
Perc Index: 74
Decision Headnotes
800.01000 – In General; Prima Facie Case
The duty of fair representation is limited to contractually-based remedies under the union’s exclusive control. The charge does not contain facts showing that a request for reasonable accommodation for a disability is an issue covered by the collective bargaining agreement. Instead the reasonable accommodation request form indicates compliance with the Fair Employment and Housing Act. Even if the duty of fair representation was applicable to this matter, Chen did not show that CSEA’s conduct was arbitrary, discriminatory or in bad faith.
800.04000 – Scope of Duty; Internal Union Affairs
The duty of fair representation is limited to contractually-based remedies under the union’s exclusive control. The charge does not contain facts showing that a request for reasonable accommodation for a disability is an issue covered by the collective bargaining agreement. Instead the reasonable accommodation request form indicates compliance with the Fair Employment and Housing Act. Even if the duty of fair representation was applicable to this matter, Chen did not show that CSEA’s conduct was arbitrary, discriminatory or in bad faith.
1107.04000 – Unalleged Violations
Chen alleged new information on appeal but did not show good cause to raise this new supporting evidence as required by PERB Regulation 32635(b). Therefore, the Board did not consider this new information in rendering its decision.
1107.20000 – Other
Chen alleged new information on appeal but did not show good cause to raise this new supporting evidence as required by PERB Regulation 32635(b). Therefore, the Board did not consider this new information in rendering its decision.