All notes for Subtopic 1000.02167 – Exclusive Representative’s Right to File Grievances

DecisionDescriptionPERC Vol.PERC IndexDate
2847M Kern County Hospital Authority
1000.02167: SCOPE OF REPRESENTATION; 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.) more or view all topics or full text.
4714212/20/22
1094H California State University (Academic Professionals of California)
1000.02167: SCOPE OF REPRESENTATION; Exclusive Representative's Right to File Grievances
Board agent's reliance on Chula Vista City School District (1990) PERB Decision No. 834 was inappropriate as the Board has never ruled on the issue of whether a statutory right exists under HEERA for a union to file a grievance in its own name; pp. 2-4. more or view all topics or full text.
192608004/06/95
0844E Mt. Diablo Unified School District
1000.02167: SCOPE OF REPRESENTATION; Exclusive Representative's Right to File Grievances
Exclusive representative's right to file grievances in its own name is nonmandatory subject of bargaining more or view all topics or full text.
142119210/01/90
0834E Chula Vista City School District
1000.02167: SCOPE OF REPRESENTATION; Exclusive Representative's Right to File Grievances
Exclusive representative's right to file grievances in its own name is nonmandatory subject of bargaining; p. 28. more or view all topics or full text.
142116208/16/90
0791E South Bay Union School District
1000.02167: SCOPE OF REPRESENTATION; Exclusive Representative's Right to File Grievances
Exclusive representative's right to file grievances in its own name is a nonmandatory statutory subject of bargaining; insistence to impasse that representative waive this right is a per se violation. (No majority consensus on analysis) (Affirmed, South Bay Union SD v. PERB/Southwest Teachers Assn. (March 3, 1991).) more or view all topics or full text.
142105402/08/90
0917E Travis Unified School District
1000.02167: SCOPE OF REPRESENTATION; Exclusive Representative's Right to File Grievances
EERA section 3543.1(a) grants an exclusive representative the statutory right to represent its members by filing grievances in its own name; p. 16, proposed dec. Exclusive representative's right to file grievances in its own name is a nonmandatory subject of negotiations; insistence to impasse on a nonmandatory subject is a per se violation; p. 14-15, proposed dec. more or view all topics or full text.
162302201/03/92