PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Single Topic for Decision 2371E
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102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB does not have jurisdiction to enforce alleged contracts between a charging party and an employee organization. Charging Party failed to state a prima facie case for breach of the duty of fair representation by allegation that employee organization failed to provide him with an attorney in a permanent teacher dismissal proceeding. EERA does not require employee organizations to offer members economic benefits such as legal services, and nothing in EERA envisions PERB enforcing such alleged promises to provide member benefits.