Decision 2029E – California School Employees Association and its Chapter 410 (Payne)
LA-CE-1351-E
Decision Date: May 27, 2009
Decision Type: PERB Decision
Description: Charging Party alleged that the union violated EERA by breaching its duty of fair representation when it failed to file a grievance over Charging Party working outside her classification.
Disposition: The Board upheld the Board agent’s dismissal because some of the allegations were untimely, and the Charging Party failed to establish that the union’s decisions were arbitrary, discriminatory, or made in bad faith.
Perc Vol: 33
Perc Index: 90
Decision Headnotes
800.01000 – In General; Prima Facie Case
Union did not breach duty of fair representation by failing to file a grievance over an employee performing work outside her classification, where Union’s decision was not arbitrary, discriminatory, or made in bad faith. Union negotiated the creation of a new classification for the employee with a higher salary and retroactive pay. Union may have reasonably believed that a grievance would have been unsuccessful and that negotiating would achieve a more favorable result.
800.02000 – Grievance Handling/Contract Administration
Union did not breach duty of fair representation by failing to file a grievance over an employee performing work outside her classification, where Union’s decision was not arbitrary, discriminatory, or made in bad faith. Union negotiated the creation of a new classification for the employee with a higher salary and retroactive pay. Union may have reasonably believed that a grievance would have been unsuccessful and that negotiating would achieve a more favorable result.