SCOPE OF REPRESENTATION – Exclusive Representative's Right to File Grievances
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1000.02167 – Exclusive Representative’s Right to File Grievances
Chula Vista City School District (1990) PERB Decision No. 834 held that EERA grants an exclusive representative the right to file grievances in its own name. The Board based this holding on EERA section 3543.1, subdivision (a), which states in relevant part: “Employee organizations shall have the right to represent their members in their employment relations with public school employers.” Critically, Chula Vista noted that this statutory right is based on the fundamental principle that employees have the right to act collectively through their union. (Id. at p. 22.) The MMBA mirrors EERA in providing unions with a “right to represent”: “Recognized employee organizations shall have the right to represent their members in their employment relations with public agencies.” (MMBA, § 3503.) In Omnitrans (2009) PERB Decision No. 2010-M, the Board found that the MMBA, like EERA, provides an exclusive representative with a statutory right to file union grievances seeking relief on a collective basis. (Id., adopting proposed decision at p. 5.) Any waiver of this union right must be clear and unmistakable. (Ibid.) (p. 15.)