All notes for Subtopic 800.02000 – Grievance Handling/Contract Administration

DecisionDescriptionPERC Vol.PERC IndexDate
2674Mb Orange County Employees Association (Hamilton)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
PERB declined to award attorney fees as damages in a breach of representation case because the employee’s civil complaint involved (1) the same discrimination claims in a grievance that her union failed to file, and (2) additional retaliation claims. (pp. 4-5.) Because both claims were based on the same core set of facts, they were inextricably intertwined and it was impractical or impossible to apportion the attorney’s time spent on each claim. Under these circumstances, the Board ruled it did not further the purposes of the MMBA to require the union to pay the employee’s attorney fees as damages for breaching its duty of fair representation. (pp. 5-6.) more or view all topics or full text.
05/28/20
2643E California School Employees Association (Williams)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
When a union fails to fairly represent an employee in grievance processing, the employee is not entitled to make whole relief unless he or she would have prevailed had the union properly processed the grievance. (p. 8.) In such case, the typical remedy is an order that the union process the grievance or make the employee whole if that process is not available or would be ineffectual. The latter remedy requires the employee prove in compliance proceedings that he or she would have prevailed on a properly process grievance. (p. 8, fn. 5.) more or view all topics or full text.
4318505/17/19
2581E United Teachers Los Angeles (Le Mere)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
An exclusive representative does not own a duty of fair representation to a bargaining unit member unless the representative possesses the exclusive means by which such member can vindicate an individual right. Here, the union did not have exclusive control over the disciplinary appeals process because the bargaining contract authorized either the union or the affected employee to file a notice of appeal. (pp. 4-5.) more or view all topics or full text.
434408/21/18
2581E United Teachers Los Angeles (Le Mere)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The Board declined to adopt the ALJ’s statement that, even if a union does not have exclusive control over the grievance process, it may be liable for failing to file a timely grievance if it promised a bargaining unit member that it would do so and then arbitrarily did not do so. The Board found Amalgamated Transit Union, Local 1704 (Buck) (2007) PERB Decision No. 1898-M, which the ALJ cited for that proposition, to be inapposite because the Board in Buck found that the union owed the employee a duty of fair representation since it maintained exclusive control over his contractually-based remedy. more or view all topics or full text.
434408/21/18
2575M Service Employees International Union Local 521 (Garcia)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charging Parties alleged that their exclusive representative had breached its duty of fair representation by: (1) inducing Charging Parties to continue working misclassified overtime hours with false assurances that they would be fully compensated for all overtime hours worked if the organization prevailed in its grievance against the employer; (2) urging an arbitrator to award all employees an equal lump sum payment to remedy the grievance and capping the employer’s total liability, rather than awarding full back pay only to those employees who actually worked the misclassified hours; and, (3) failing to provide notice and opportunity for input and/or misleading Charging Parties regarding the status of settlement negotiations and the terms of an arbitrator’s opinion and award, despite requests by Charging Parties for such information. The Office of the General Counsel dismissed the charge for lack of jurisdiction over the arbitrator, lack of ripeness for review, and/or failure to state a prima facie case of an unfair practice. more or view all topics or full text.
432206/28/18
2575M Service Employees International Union Local 521 (Garcia)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The Board denied an appeal and adopted the dismissal of an unfair practice charging alleging a breach of the duty of fair representation arising from damages allegedly suffered as the result of an arbitrator’s opinion and award in a grievance brought by the exclusive representative on Charging Parties’ behalf. An arbitrator is not a proper respondent in an unfair practice and therefore PERB had no authority to review the arbitrator’s opinion and award to determine if its provisions constituted an unfair labor practice. Additionally, the facts, as alleged in the charge, demonstrated that Charging Parties had notice and opportunity to give their input before their representative entered into a tentative agreement to settle the dispute and that, because the tentative settlement agreement was never finalized, any harm suffered by Charging Parties was not attributable to the representative’s acts or omissions. more or view all topics or full text.
432206/28/18
2304E California School Employees Association and its Chapter 500 (Williams)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Allegations that union failed to look into or pursue grievances, delayed in pursuing grievances and failed to communicate with charging party did not state prima facie violation of duty of fair representation, where charging party did not provide facts demonstrating union’s conduct was arbitrary, discriminatory or in bad faith. Each allegedly wrongful action or inaction involved an exercise of union’s discretion to determine whether or not to pursue grievances and none of the alleged wrongs consisted of union failing to perform a ministerial act that completely extinguished charging party’s rights. more or view all topics or full text.
12/28/12
2266E Oxnard Federation of Teachers (Collins)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The duty of fair representation imposed on the exclusive representative extends to grievance handling; in order to state a prima facie violation, charging party must show that the respondent’s conduct was arbitrary, discriminatory or lacking in good faith; mere negligence or poor judgment in handling a grievance does not constitute a breach of the union’s duty; a union may exercise its discretion to determine how far to pursue a grievance on the employee’s behalf as long as it does not arbitrarily ignore a meritorious grievance or process a grievance in a perfunctory fashion; a union is not required to process a grievance if the chances for success are minimal; in order to state a prima facie case of arbitrary conduct violating the duty of fair representation, a charging party must at a minimum include an assertion of sufficient facts from which it becomes apparent how or in what manner the exclusive representative’s action or inaction was without a rational basis or devoid of honest judgment; where charging party was provided with a detailed letter explaining the reasons relied on in declining to pursue the matter to arbitration, charge failed to state a prima facie violation of the duty of fair representation. more or view all topics or full text.
05/25/12
2259E Beaumont Teachers Association/California Teachers Association (Grace)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
In order to state a prima facie violation of the duty of fair representation, charging party must show that the respondent’s conduct was arbitrary, discriminatory or lacking in good faith; the duty of fair representation only applies to the enforcement of contract-based remedies under a union’s exclusive control, and therefore does not apply to actions in extra-contractual forums, such as pursing a lawsuit in civil court or enforcing the provisions of the Education Code; a union has no obligation to provide an employee with legal counsel or to assist an employee with legal fees; where union declined to pursue any action against the school district for an alleged violation of the non-reelection notice requirements under the Education Code, providing charging party with its rationale in a letter, and further declined to provide charging party with legal fees and/or legal representation, charge failed to state a prima facie violation of the duty of fair representation. more or view all topics or full text.
3617104/26/12
2260E Beaumont Teachers Association/California Teachers Association (Grace)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
A union’s duty of fair representation extends to grievance handling; in order to state a prima facie violation of the duty of fair representation, charging party must show that the respondent’s conduct was arbitrary, discriminatory or lacking in good faith; a union’s “mere negligence” may breach the duty of fair representation only in cases in which the individual interest at stake is strong and the union’s failure to perform a ministerial act completely extinguishes the employee’s right to pursue his claim; typically, however, mere negligence in grievance handling – such as missing filing deadlines – does not constitute a violation of the duty of fair representation; where charging party filed grievances on her own at levels I and II as permitted under the collective bargaining agreement, the union’s failure to file the grievance at level III, even if negligent, did not extinguish charging party’s right to pursue her claim and cannot establish a breach of the duty of fair representation. more or view all topics or full text.
3617204/26/12
2297M Inlandboatmans Union of the Pacific
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Given the wide latitude accorded a union in the representation of its members, the evidence presented did not establish a breach of the duty of fair representation with respect to handling of grievance over placement of employee on non-dispatch list. Union participated actively in attempting to resolve the dispute between employee and employer. While employee may have disagreed with union’s strategy in attempting to obtain a mediated reinstatement, evidence failed to establish that union’s conduct was “without a rational basis or devoid of honest judgment.” Union’s decision to withdraw representation based upon its belief that employee’s conduct made further success unlikely had a rational basis and there is no evidence that it was otherwise arbitrary or based on invidious discrimination. more or view all topics or full text.
12/12/12
2215M Service Employees International Union, Local 1021 (Warren)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charge failed to establish prima facie violation of duty of fair representation based upon a failure to file a grievance on behalf of a member; charge failed to allege facts showing decision not to file grievance was arbitrary, discriminatory or lacking in good faith, or that it was without a rational basis and devoid of honest judgment, where union considered concerns raised by charging party and made a reasoned judgment that the concerns were not grievable. more or view all topics or full text.
367711/09/11
2202M Service Employees International Union, Local 1021 (Crandell)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charge failed to establish prima facie violation of duty of fair representation based upon failure to pursue grievance or take grievance to arbitration; charge failed to allege facts showing decision not to file grievance was arbitrary, discriminatory or lacking in good faith, or that it was without a rational basis and devoid of honest judgment where charging party pursued grievance without the union’s assistance. more or view all topics or full text.
364509/15/11
2286S American Federation of State, County, and Municipal Employees, Local 2620 (McGuire)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No breach of duty of fair representation based upon union’s voluntary representation at Skelly hearing and State Personnel Board settlement conference and handling of grievances. more or view all topics or full text.
09/24/12
2247M Service Employees International Union United Long Term Care Workers (Smith)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charge failed to demonstrate how alleged failure to pursue a grievance based upon charging party’s belief that she was improperly paid was arbitrary, discriminatory or in bad faith; union has the discretion whether or not to pursue a grievance. more or view all topics or full text.
3615104/06/12
2264E Los Angeles County Education Association (Sanders)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charge failed to establish prima facie violation of duty of fair representation based upon failure to take grievance to arbitration, where allegations of charge established that union assigned at least three representatives, including an attorney, to assist employee in resolving her dispute with her employer and repeatedly informed her that employer’s decision to reassign her likely did not constitute a basis for filing a grievance. Charge failed to allege facts showing decision not to file grievance was arbitrary, discriminatory, or lacking in good faith, or that it was without a rational basis and devoid of honest judgment. In addition, charge fails to allege facts showing union’s failure to file grievance foreclosed employee from pursuing a remedy herself. more or view all topics or full text.
3618405/21/12
2240E California School Employees Association (Erwin)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Claim that union’s representation of another bargaining unit member adversely affected charging party did not establish prima facie violation of duty of fair representation. Duty of fair representation does not mean an employee organization is barred from making an agreement which may have an unfavorable effect on some members. Even if union negotiated an agreement that had an adverse effect on charging party, charge failed to demonstrate how union acted in a manner that was "without a rational basis or devoid of rational judgment," and thus breached its statutory duty of fair representation. more or view all topics or full text.
3612702/24/12
2224E California School Employees Association (Milner)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charge failed to provide sufficient facts to show how handling of grievance over lunch breaks was arbitrary or in bad faith, where union successfully resolved dispute; charge failed to provide sufficient facts to show charging party requested assistance from union over alleged unjustified writeup; union generally does not have a duty to pursue a union member’s race-based civil rights claims unless the collective bargaining agreement contains a non-discrimination clause or if the agreement itself is discriminatory; charge failed to establish duty of union to pursue discrimination claims. more or view all topics or full text.
369111/30/11
2225M Service Employees International Union Local 1021 (Joshua)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charge failed to state prima facie violation of duty of fair representation for failure to file a grievance, where it was not clear whether charge alleged failure to file grievance under an applicable collective bargaining agreement or a complaint in another forum. Duty of fair representation attaches only when the union possesses the exclusive means by which an aggrieved employee can obtain a particular remedy. Union does not have a duty to represent an employee with respect to extra-contractual proceedings that are not within the scope of a collective bargaining agreement. In the absence of evidence that the exclusive representative’s negligence foreclosed any remedy for the grievant, “a breach of the duty of fair representation is not stated merely because an exclusive representative declines to proceed or negligently forgets to file a timely appeal of a grievance.” more or view all topics or full text.
369211/30/11
2208E California School Employees Association and its Chapter 724 (Davis)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The mere fact that union attempted to resolve employee’s concerns through an informal process rather than through the formal grievance process does not establish a violation of the duty of fair representation. Replacement of one mediation representative with another does not establish violation of duty of fair representation, as selection of representative is an internal union activity not subject to PERB review. more or view all topics or full text.
366110/06/11
2186M Service Employees International Union Local 521 (Chow)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charge failed to state a prima facie violation of the duty of fair representation based upon union’s alleged failure to adequately assist charging party in resolving what she perceived as a hostile work environment in her employment. While the duty of fair representation extends to grievance handling by the exclusive representative a reasonable decision not to pursue a grievance, regardless of the merits of the grievance, is not a violation of the duty of fair representation. In order for PERB to find a breach of the duty of fair representation, the charge must include facts demonstrating that the union’s decision not to pursue a grievance was arbitrary, discriminatory or in bad faith. Charge fails to set forth facts demonstrating that union’s decision not to pursue a grievance was arbitrary or in bad faith, that it abused its discretion or that its actions were without a rational basis or devoid of honest judgment. Merely alleging that the union failed to return every phone call is insufficient to establish an overall pattern of conduct. As such, the charge fails to state a prima facie violation of the duty of fair representation. more or view all topics or full text.
36706/15/11
2194E American Federation of Teachers Part-Time Faculty United, Local 6286 (Peavy)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union’s failure to pursue grievance did not foreclose employee’s right to a remedy or completely extinguish his right to pursue his claim. Failure of union to present employee’s counter-offer to the employer does not establish a violation of the duty of fair representation. Charge failed to establish that union’s decision not to take grievance to arbitration was arbitrary or lacking in good faith, where union evaluated grievance in light of mediator’s assessment of the claim and provided employee with a written statement of the reasons it had decided not to pursue arbitration. Based upon the mediator’s assessment of the case, union determined that it would be better to address the contract language during negotiations rather than risk losing at arbitration. Employee failed to provide facts to demonstrate that the decision was without rational basis or devoid of honest judgment. more or view all topics or full text.
362808/12/11
2182M California Nurses Association (Rosa)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charge failed state prima facie case of breach of the duty of fair representation, where charge failed to allege facts clearly showing that issues raised by employee concerning alleged workplace hostility and harassment were covered by a collective bargaining agreement and subject to grievance process. Even if they were, charge failed to establish that union failure to file a grievance was arbitrary, discriminatory or in bad faith, or that its conduct extinguished employee’s right to pursue any claim against the employer, or that union’s actions were “without a rational basis or devoid of honest judgment.” Although union concluded employee did not have a meritorious charge, it did pursue some sort of action based upon her complaints and advised her to pursue other remedies. Employee’s voluntary resignation to accept another position was the event, if any, that extinguished her rights. more or view all topics or full text.
358605/26/11
2168M Service Employees International Union-United Healthcare Workers West Local 2005 (Hayes)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
An exclusive representative does not breach the duty of fair representation by failing/refusing to provide an employee with a union representative of his/her choice. Accordingly, exclusive representative’s decision to assign a particular representative and prohibit charging party from speaking with other stewards about his grievances does not breach the duty of fair representation. In addition, representative’s alleged failure to respond to all of charging party’s grievance status inquiries and failure to notify charging party of representative’s separation do not amount to more than mere negligence, where charge failed to establish that such negligence completely extinguished his right to pursue his grievances against his employer. more or view all topics or full text.
354802/25/11
2146M International Brotherhood of Electrical Workers, Local 1245 (Gallardo)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The union has the discretion whether or not to pursue a grievance. Refusal to pursue a grievance the union believes is unmeritorious is not a violation, as long as the refusal is not arbitrary, discriminatory, or in bad faith. It is the charging party’s burden to allege facts which demonstrate that the refusal was arbitrary, discriminatory, or in bad faith. Where charging party failed to do so the charge failed to establish a prima facie case for breach of the duty of fair representation. PERB does not have jurisdiction over the internal affairs of an employee organization unless there is evidence of a substantial impact on employer-employee relations. Charging party failed to provide evidence that the union’s refusal to provide a written statement of a grievance meeting had a substantial impact on his relationship with his employer and therefore failed to state a prima facie violation of the duty of fair representation. more or view all topics or full text.
35912/07/10
2149E United Teachers of Los Angeles (Strygin)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
An exclusive representative’s failure to return an employee’s correspondence and delay in filing a grievance on the employee’s behalf, does not, without more, establish a breach of the duty of fair representation. A prima facie case must allege facts showing that the union’s actions were arbitrary, discriminatory or in bad faith. At a minimum the unfair practice charge must allege facts showing the exclusive representative’s action or inaction was without rational basis or devoid of honest judgment. Where charging party failed to do so the charge failed to establish a prima facie case for breach of the duty of fair representation. Mere negligence does not amount to a breach of the duty of fair representation unless the exclusive representative’s negligence foreclosed any remedy for charging party. Here, the exclusive representative’s failure to respond to inquiries from charging party and delay in filing a grievance were at most “mere negligence.” Where there is no evidence that charging party was foreclosed from any remedy, the charge failed to establish a prima facie case for breach of the duty of fair representation. more or view all topics or full text.
351212/13/10
2150E United Teachers of Los Angeles (Thomas)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Unfair practice charge was untimely filed. However, even if timely filed, the charge failed to establish a prima facie case. The union has the discretion whether or not to pursue a grievance. Refusal to pursue a grievance the union believes is unmeritorious is not a violation, as long as the refusal is not arbitrary, discriminatory, or in bad faith. It is the charging party’s burden to allege facts which demonstrate that the refusal was arbitrary, discriminatory, or in bad faith. Where charging party failed to do so the charge failed to establish a prima facie case for breach of the duty of fair representation. more or view all topics or full text.
351312/13/10
2127E Mount Diablo Education Association (Scott)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union did not breach its duty of fair representation under “pattern of conduct” theory. Despite its failure to provide employee with grievance responses, appeal one grievance within contractual time limits and appeal another grievance at all, the union’s overall pattern of conduct was one of assistance to the employee. more or view all topics or full text.
3412508/17/10
2128E California School Employees Association and its Chapter 168 (Gibson)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Generally, PERB will not find a refusal to pursue a grievance constitutes a breach of the duty of fair representation if the union made an honest, reasonable determination that the grievance lacks merit. In analyzing whether an “honest judgment” has been made, PERB does not judge whether the union’s assessment was correct, but only whether that judgment had a rational basis, or was reached for reasons that were arbitrary or based upon invidious discrimination. more or view all topics or full text.
3412608/25/10
2096E California Teachers Association, Solano Community College Chapter, CTA/NEA (Tsai)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The union investigated charging party's grievance, including interviewing other staff, and concluded the employer had not violated the contract. The union informed charging party it did not believe it would prevail on the grievance. The union declined to take charging party's grievance to arbitration, finding that the issue was already covered in another grievance it advanced to arbitration. The union was free to determine the best allocation of its resources. more or view all topics or full text.
344202/04/10
2076M Service Employees International Union Local 1021 (Lam)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charge failed to state prima facie case of breach of duty of fair representation because it alleged no facts showing that employee organization’s participation in closure of employee’s grievances was arbitrary, discriminatory, or in bad faith. Employee organization’s failure to notify employee directly of the closure did not breach duty of fair representation because charge did not establish that employee could have pursued his grievances further without union approval. more or view all topics or full text.
3318511/04/09
2068E Service Employees International Union Local 1021 (DeLarge)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charging party does not demonstrate that the union owed her a duty to represent her before the personnel commission. more or view all topics or full text.
3316409/29/09
2060S Service Employees International Union Local 1000 (Duinugala)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Delay by union in processing employee’s request for arbitration did not constitute breach of the duty of fair representation, where there was no indication that the delay was caused by anything other than mere negligence. Accordingly, the charge failed to state a prima facie violation of the duty of fair representation based upon the delay in processing the grievance. Union did not breach duty of fair representation when it decided to reject employee’s request for arbitration, where union informed employee of a rational basis for its decision based upon its determination that it was unlikely to prevail at arbitration. Three year delay in making decision did not breach duty of fair representation in itself, absent additional evidence the union’s conduct was arbitrary, discriminatory or in bad faith. more or view all topics or full text.
3315009/08/09
2029E California School Employees Association and its Chapter 410 (Payne)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; 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. more or view all topics or full text.
339005/27/09
2028E California School Employees Association and its Chapter 379 (Dunn)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
To establish a breach of the duty of fair representation, the charging party must show that the recognized employee organization engaged in conduct that was arbitrary, discriminatory or in bad faith, or that the employee organization’s negligence extinguished the employee’s right to pursue his or her grievance. Union did not breach its duty of fair representation by withdrawing an employee’s grievance one week before a scheduled arbitration hearing because the decision to withdraw was based on newly discovered documents that indicated the grievance lacked merit and the union’s interpretation of those documents was not unreasonable under the circumstances. While the union’s late discovery of the documents may have been negligent, the union’s conduct did not breach the duty of fair representation because under the collective bargaining agreement the employee could arbitrate his grievance without the union’s participation. more or view all topics or full text.
338905/27/09
2003E Glendale Guild/American Federation of Teachers Local 2276 (Waszak)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union did not breach its duty of fair representation by failing to file a grievance over a teacher’s late performance evaluation when the union’s executive committee discussed the potential grievance and decided against pursuing it. more or view all topics or full text.
333501/30/09
1998M Service Employees International Union, Local 1021 (Estival)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The charge lacked evidence that the union acted arbitrarily, discriminatorily or in bad faith when it failed to challenge charging party’s termination. The fact that charging party filed a complaint with the Department of Labor, which was resolved in his favor six months before his termination, did not, without more, establish that he was terminated in retaliation for protected activity. more or view all topics or full text.
332901/14/09
1984S Service Employees International Union Local 1000 (George)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
A union does not breach its duty of fair representation by refusing to file a grievance where the union explained that the grievance lacked merit. more or view all topics or full text.
33210/31/08
1922E Los Banos Teachers Association (Ulmschneider)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
To demonstrate a violation of the duty of fair representation, the charging party must show that the Respondent’s conduct was arbitrary, discriminatory or in bad faith. more or view all topics or full text.
3114809/11/07
1918S Union of American Physicians and Dentists (Menaster)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union stewards made a rational determination that the Department's concerns regarding an employee’s productivity were a peripheral issue only brought to the forefront by the Department's other concerns with his behavior. The charge does not demonstrate that the Union's failure to file a grievance and advice to concentrate on correcting those issues which it believed were more likely to affect the employee's probationary report were devoid of honest judgment. An employee’s allegation that the Union violated its duty of fair representation by not filing a grievance against the Department when it denied him union representation during an investigatory meeting is dismissed. The charge does not demonstrate that the collective bargaining agreement includes a provision regarding the right to union representation in investigatory meetings and therefore does not demonstrate that filing a grievance regarding this issue was even possible. more or view all topics or full text.
3113508/09/07
1914S Service Employees International Union Local 1000, California State Employees Association (Burnett)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Although the employee expressed great frustration with the union's failure to notify him about his arbitration request, the facts do not demonstrate that such conduct was arbitrary, discriminatory or in bad faith. A disagreement between the grievant and the union as to whether a grievance should proceed to arbitration does not establish a breach of the duty of fair representation. The employee’s allegations do not show that the union engaged in arbitrary, discriminatory or in bad faith conduct in processing the employee’s arbitration request. more or view all topics or full text.
3111806/26/07
1898M Amalgamated Transit Union Local 1704 (Buck)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Unions are accorded wide latitude in the representation of its members. Accordingly, absent a showing of arbitrary exercise of the union’s power, the duty of fair representation is not typically breached by mere negligence. However, mere negligence may be deemed to be arbitrary in cases in which the individual interest at stake is strong and the union’s failure to perform a ministerial act completely extinguishes the employee’s right to pursue his claim. In cases involving a union’s failure to file a grievance, a charging party may recover a make-whole remedy only if the charging party demonstrates that he/she would have prevailed on the merits if the grievance was properly processed. more or view all topics or full text.
318804/10/07
1899E Service Employees International Union Local 99 (Gutierrez)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
An employee’s allegations that her union does not attend to grievances and fails to retain strong representatives are legal conclusions and fail to meet the charging party’s obligation under PERB Regulation 32615(a)(5) to provide a clear and concise statement of the facts. more or view all topics or full text.
319004/16/07
1903E California School Employees Association and its Chapter 374 (Wyman)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
An employee did not allege sufficient facts to demonstrate that her grievance was denied due to untimeliness. Further, she alleged no facts demonstrating how her union’s conduct was willful, wanton, done in bad faith or arbitrary, but merely state such as a conclusion. An employee’s charge is dismissed, as she offered no factual support for her allegation that her union would have filed a timely grievance were it not for her physical handicap. A union’s failure to follow exactly the requirements of the grievance process outlined in the collective bargaining agreement does not, without more, demonstrate conduct that can be considered discriminatory, arbitrary, or in bad faith. A union's failure to obtain a member's approval prior to settlement of a grievance does not constitute a breach of the duty of fair representation because that factor alone does not amount to arbitrary conduct. more or view all topics or full text.
319405/07/07
1897E United Educators of San Francisco (Gillead)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
For the purposes of establishing a violation of the duty of fair representation, a charging party must show that the union’s conduct was arbitrary, discriminatory, or in bad faith. It is not a violation for a union to consolidate charging party’s grievance with a class action grievance. more or view all topics or full text.
318704/10/07
1882E Service Employees International Union Local 99 (Jones)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The duty of fair representation imposed on an exclusive representative extends to grievance handling. In order to state a prima facie case for the breach of this duty, the charging party must demonstrate the exclusive representative’s conduct was arbitrary, discriminatory or in bad faith. In order to state a prima facie case of arbitrary conduct violating the duty of fair representation, a charging party must, at a minimum, include an assertion of sufficient facts from which it becomes apparent how or in what manner the exclusive representative’s action or inaction was without a rational basis or devoid of honest judgment. Although “mere negligence” does not typically constitute a breach of the duty of fair representation, it may support such a finding if the individual interest at stake is strong and the union’s failure to perform a ministerial act completely extinguishes the employee’s right to pursue his claim. more or view all topics or full text.
01/25/07
1892M Service Employees International Union Local 790 (Chan)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No violation of duty of fair representation by the union’s failure to seek arbitration, where the record does not establish whether the case was even eligible for arbitration, as the charging party failed to appear at the meeting to review his termination. The record also did not establish that the charging party requested the union to seek arbitration within the time limit for doing so. more or view all topics or full text.
317503/15/07
1850E California Teachers Association and Oakland Education Association (Welch)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union's decision to refer Welch’s case to the California Teachers Association to file a lawsuit on her behalf rather than take her grievance to arbitration did not violate the duty of fair representation. more or view all topics or full text.
3015208/17/06
1889H California Faculty Association (Wunder)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union did not violate duty of fair representation where it decided not to advance a grievance to arbitration based upon a determination that the grievance had no merit. It was consistent with the CBA in this case, and not unreasonable, for a faculty member to be required to teach introductory courses within a department. more or view all topics or full text.
317103/01/07
1808M Bay Area Air Quality Management District Employees Association (Mauriello)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The Association had no obligation to continue to review grievances concerning the same underlying issue, after it had previously reviewed and decided not to provide member with representation. Absent any evidence that the Association’s decisions were discriminatory, arbitrary or in bad faith, it fulfilled its obligation to explain decision for non-representation. Arbitration award reinstating employee does not necessarily imply the association acted arbitrarily, discriminatorily or in bad faith in denying representation to employee. more or view all topics or full text.
305201/13/06
1774M Service Employees International Union Local 790 (Paez)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No breach of union’s Duty of Fair Representation where union did not call certain witnesses on charging party’s behalf. more or view all topics or full text.
2915008/10/05
1781E United Teachers of Los Angeles (Chambers)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union conduct not arbitrary, discriminatory or in bad faith where union exercised discretion in not pursuing grievance to arbitration after providing charging party the opportunity to appeal the initial decision to the Grievance Review Committee or when it tolled the grievance timelines. Additionally, union did not act in an arbitrary, discriminatory, or bad faith manner where union abided by the language in the collective bargaining agreement specifically excluding charging party from the unit and filing a grievance. more or view all topics or full text.
30610/27/05
1780M Public Employees Union Local 1 (Coleman)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No breach of union’s Duty of Fair Representation where grievance was pursued for over two years and settlement benefited classification as a whole. more or view all topics or full text.
2917010/11/05
1769E American Federation of Teachers Local 1521 (Paige)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
AFT’s conduct was not arbitrary, discriminatory or in bad faith because it explained to Paige its reasons for refusing to pursue the grievance to arbitration. A union may withdraw a grievance if it determines the grievance lacks merit. more or view all topics or full text.
2913906/10/05
1764E United Educators of San Francisco (Banos)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union conduct not arbitrary, discriminatory or in bad faith where two union representatives and union president meet with and/or speak with charging party several times regarding case. Union may exercise its discretion on how far to pursue a grievance so long as it does not arbitrarily ignore a meritorious grievance. more or view all topics or full text.
2912404/21/05
1706E College of the Canyons Faculty Association (Lynn)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Allegation that union violated duty of fair representation is rendered moot by a finding that charging party’s grievance lacked merit. A union is not required to pursue grievances that are unmeritorious. Even if grievance was meritorious, union met its obligations regarding grievance assistance because colleges history was of accommodation not confrontation, and responsibility for filing a grievance was on the employee not the union more or view all topics or full text.
291011/16/04
1709M Alameda County Probation Peace Officers Association (Huntsberry)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
An exclusive representative does not owe a duty of fair representation to unit members in a forum over which the union does not exclusively control the means to a particular remedy. Employee alleged that union violated duty of fair representation by refusing to represent her before civil service commission and in criminal proceedings. Board dismissed charge on the grounds that the union does not exclusively control representation of such proceedings more or view all topics or full text.
291311/16/04
1719E Madera Unified Teachers Association (Freeman)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
arbitration. Exclusive representative had in place standard conditions for participation in the grievance process which applied to all members. Decision not to take grievance to arbitration was not arbitrary. more or view all topics or full text.
292511/30/04
1716E California School Employees Association and Its Chapter 183 (Richards)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
CSEA quickly responded to Richards’ concerns regarding changes in vacation carryover and explained its decision not to appeal Richards’ grievance and so the charge did not show that CSEA acted in bad faith, or in an arbitrary or discriminatory manner. CSEA’s reliance on the contract language is not arbitrary even if the language differs from the personnel manual. more or view all topics or full text.
292211/30/04
1693M Service Employees International Union, Local 250 (Hessong)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Although Local 250 took over two years to process, this did not preclude the grievance from potentially proceeding to arbitration since SEIU preserved the timelines. Disagreement with a union’s decision not to proceed to arbitration does not breach the duty of fair representation. The Board does not judge whether the union’s position is correct, only whether it was devoid of any rational basis or whether it was reached for arbitrary reasons. Local 250 communicated to Hessong its belief that the grievance lacked merit. While other of Hessong’s grievances were delayed, Local 250 preserved the timelines and did not abandon the grievances. It also kept Hessong apprised of their progress. more or view all topics or full text.
2825709/17/04
1621M International Association of Firefighters Local 55 (Waqia)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Local 55’s decision not to take Waqia’s grievance to arbitration was not arbitrary, discriminatory or in bad faith. Local 55 assisted Waqia with his grievance despite the fact that Waqia had attempted to resolve his dispute outside the grievance process and, as a result, filed an untimely grievance over a month after the City of Oakland’s decision to terminate his employment. An exclusive representative has no obligation to pursue a grievance to arbitration where the potential of success is doubtful. Local 55 gave much thought to the matter before deciding not to proceed to arbitration and so had a rational basis and was not devoid of honest judgment.) Waqia’s argument that the City had already accepted his grievance and would not claim untimeliness at the arbitration level is pure speculation, since the plain meaning of the collective bargaining agreement could require nullification of the grievance by an arbitrator. more or view all topics or full text.
2814304/21/04
1606E California School Employees Association-Chapter 244 (Guitierrez)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The slander allegation, which was timely filed, lacked any specificity regarding dates of occurrence, circumstances, the nature of the alleged slander, or the context of CSEA’s refusal to grieve the issue, did not meet the requirements of PERB Regulation 32615(a)(5) and does not state a prima facie case. Gutierrez failed to demonstrate that CSEA’s failure to process her complaints about pay and longevity pay issues was without rational basis or devoid of honest judgment. CSEA’s investigation concluded that Gutierrez was paid correctly. more or view all topics or full text.
289302/26/04
1694S California State Employees Association (Sandberg)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Board dismissed charge alleging breach of the duty of fair representation where charging party failed to provide any facts supporting her allegation that union failed to properly represent her. more or view all topics or full text.
2825809/24/04
1696S California State Employees Association (Harris)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
If there is a reasonable belief that the claim is without merit, the union is not obligated to seek a waiver of timeliness or pursue the matter through informal discussions as long as its actions are not arbitrary or in bad faith.(see also, California State Employees Association (Bradford) (2001) PERB Decision No. 1421-S. more or view all topics or full text.
2826109/28/04
1666M Service Employees International Union Local 790 (Lowery)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Employee, whose license was suspended as a result of a DUI conviction, was terminated by employer for failure to possess a valid license. Union decline to represent employee at termination hearing on the grounds that the likelihood of success was minimal. Board dismissed charge alleging breach of the duty of fair representation as union’s decision was not arbitrary or devoid of honest judgment. more or view all topics or full text.
2823307/27/04
1675M Service Employees International Union Local 616 (Jeffers)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Duty of fair representation applies even where contract allows employee to pursue grievance arbitration on his own without union’s consent. This is because union is the exclusive representative with a corresponding duty to enforce the terms of a contract for bargaining unit members. Such a situation differs from non-contractual based remedies where no duty of fair representation applies. more or view all topics or full text.
2824008/19/04
1618M International Union of Operating Engineers Local 39 (Siroky)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charging party alleged that union violated duty of fair representation by refusing to provide further representation in a wage dispute. Union’s decision was based upon a legal opinion that further representation would be unsuccessful. Charge dismissed because charging party failed to demonstrate that union’s decision was without rational basis or devoid of honest judgment. more or view all topics or full text.
2813204/16/04
1604E United Teachers of Richmond (Holford)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charging party alleged that union violated duty of fair representation by refusing to process her grievance. Board affirmed that a union is not required to process a grievance if the chances for success are minimal. Here, delay in filing grievance did not affect the outcome nor did presentation of the grievance to the executive board rather than the grievance committee. Charge dismissed because charging party failed to demonstrate that union’s decision was arbitrary, discriminatory, or in bad faith. more or view all topics or full text.
289102/25/04
1572E Fremont Unified District Teachers Association (Kaiser)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The duty of fair representation imposed on the exclusive representative extends to grievance handling. In this case, the allegation is that the union failed to secure charging party an expedited grievance meeting. The Board has held that a union’s case-handling error (e.g., missing the deadline for filing a grievance) only constitutes negligence and does not rise to the level of arbitrary conduct sufficient to establish a breach of the duty of fair representation. The courts have recognized an exception to this rule where the union’s negligence foreclosed any remedy for the grievant. Here, however, there is no allegation that grievance was foreclosed or adversely affected. While union’s alleged handling of grievance may constitute negligence, there is otherwise no allegation of bad faith, discriminatory, or arbitrary conduct. Accordingly, charge must be dismissed for failure to state a prima facie case. more or view all topics or full text.
283912/24/03
1550E California School Employees Association and its Chapter 130 (Simpson)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Board dismissed charge alleging that union’s refusal to represent employee in a civil service commission hearing violated the union’s duty of fair representation. Board held that duty of fair representation only applies to proceedings where representation is exclusively provided by the union. Since charging party was free to represent herself before the commission, or hire an attorney to do so, Board held that duty of fair representation was not triggered. more or view all topics or full text.
28510/17/03
1533E Orange Unified Education Association and California Teachers Association (Rossman)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union did not violate duty of fair representation by agreeing to bargain over retirement benefits for current employees since such benefits are a permissive subject of bargaining. Mere fact that employee was not satisfied with the contract provision negotiated by union does not establish a breach of the duty of fair representation. The Board has held that an exclusive representative is not expected or required to satisfy all members of the unit it represents. Moreover, the duty of fair representation does not mean an employee organization is barred from making an agreement which may have an unfavorable effect on some members, nor is an employee organization obligated to bargain a particular item benefiting certain unit members. more or view all topics or full text.
279306/23/03
1494E Oxnard Federation of Teachers (Torres)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The Federation may refuse to pursue a grievance if it makes an honest and reasonable determination that the grievance lacks merit. Under PERB precedent, such a determination is not arbitrary. more or view all topics or full text.
263310707/31/02
1474M International Association of Machinists (Attard)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The duty of fair representation under the MMBA is not breached by a refusal to pursue a grievance if a union has made an honest, reasonable determination that the grievance lacks merit. In evaluating an alleged violation of the duty of fair representation under the MMBA, the Board focuses on whether the union's judgment had a rational basis or was reached for reasons that were arbitrary or based upon invidious discrimination, not on whether the union's judgment was correct. Allegation that decision by union not to file written grievance and to instead present allegations to management verbally does not meet burden of showing union judgment was without rational basis or was reached for reasons that were arbitrary or based upon invidious discrimination. Union turning over to supervisor three paged typed document listing employee's harassment charges against supervisor without more regarding an improper motive is within the wide latitude afforded a union in representing its members in disputes with management. more or view all topics or full text.
263304102/07/02
1476E California School Employees Association and its Chapter 8 (Thorpe, et al.)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Under EERA section 3541.5(a)(1) employee has six months from date her union advised her that it would no longer represent her on her grievance to file an unfair practice charge against her union. more or view all topics or full text.
263304302/15/02
1463E Teamsters Local 572 (Brynjolfsson)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union decision not to take performance evaluation grievance to arbitration did not violate duty of fair representation when based on a rational interpretation of parties’ collective bargaining agreement and arbitrator’s authority when CBA allows challenge only to procedural irregularities in evaluation. Union believed that an arbitrator would have no authority to extend probation period or overturn evaluation. In addition, charging party provided no facts demonstrating the respondent acted in an arbitrary, discriminatory or bad faith manner. more or view all topics or full text.
263300110/04/01
1453E United Teachers of Los Angeles (Valadez, et al.)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Determination of alleged violation of duty of fair representation requires deference to the wide latitude union representatives have in performing their duties, even if the decision may have an unfavorable affect on some members. Union denial of charging parties contractual waiver request without allowing charging parties to address the union board was not outside the wide range of reasonableness afforded an exclusive representative where charging parties were given an opportunity to discuss the waiver request with the union president and a board member. Union demonstrated rational basis for refusing to waive contractual provision requiring a four year restriction on administrative assignments, therefore did not violate the duty of fair representation. When addressing the requested waiver, union determined that reasoning behind negotiated contractual provision remained valid. Prima facie violation of illegal discrimination in retaliation for protected conduct rebutted where union established its activities would have been the same in the absence of protected activity. more or view all topics or full text.
253209706/29/01
1443E Fremont Unified District Teachers Association (Turney)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Allegation that Union refused to treat student discipline dispute and class assignment issue as grievances rather than complaints failed to demonstrate how Union caused charging party to forfeit a meritorious grievance for arbitrary, discriminatory, or bad faith reasons. more or view all topics or full text.
253208306/07/01
1421S California State Employees Association (Bradford)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union's failure to assist employee with his request that State agree to waive timelines to file a grievance does not breach the duty of fair representation when facts fail to show union's action was without rational basis or devoid of honest judgment. more or view all topics or full text.
253204002/26/01
1386E California Teachers Association, CTA/NEA (Torres)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union's failure to speak for charging party in a meeting or to include her in another meeting with the employer did not violate the duty of fair representation. Union evaluated her grievance, determined not to advance the grievance to arbitration and informed her of its decision. Charge failed to provide facts supporting a violation of EERA. more or view all topics or full text.
243109805/18/00
1515E Los Rios College Federation of Teachers, Local 2279 (Deglow)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Fact that union breached its duty of fair representation to charging party in the past is not sufficient to establish current union conduct is also a violation. more or view all topics or full text.
274204/03/03
1517H Coalition of Unviersity Employees (Buxton)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
A union’s failure to inform an employee of its progress in processing her grievance, its failure to respond to the employee’s request for clarification of the grievance, and its failure to notify the employee of the employer’s ultimate response approaches but does not meet the standard for arbitrariness under state and federal precedent. CUE reasonably understood that arbitration was not available under the expired Collective Bargaining Agreement and so its failure to inform Buxton of the progress of her grievance is not evidence of breach of the duty of fair representation. more or view all topics or full text.
275104/07/03
1370H American Federation of State, County and Municipal Employees, Council 57 (Ross-Ezozo)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union's failure to pursue race discrimination claim where claim was not arbitrable and one of the grievants was white does not make out a DFR violation; p. 4, dismissal letter. Charging party's desire to accept settlement offer and continue to pursue the grievance was not acceptance of settlement and union did not violate DFR by failing to obtain the settlement; pp. 4-5, dismissal letter. more or view all topics or full text.
243103901/03/00
1458E Sacramento City Teachers Association (Marsh)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The duty of fair representation imposed on the exclusive representative extends to grievance handling; p. 6, warning letter. more or view all topics or full text.
253210708/28/01
1456E Hart District Teachers Association (Mercado and Bloch)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
An employee does not have an absolute right to have a grievance taken to arbitration regardless of the provisions of the applicable collective negotiations agreement. An exclusive representative's reasonable refusal to proceed with arbitration is essential to the operation of a grievance and arbitration system; p. 15, proposed dec. Failure of exclusive representative to identify person who had indicated one charging party would not accept a particular assignment was of no consequence, in that it did not effect the negotiations. Failure of exclusive representative to provide other information requested by employee was not arbitrary in that the union was trying to coordinate a single response to multiple requests from charging parties; p. 21, proposed dec. Charging parties failed to present any evidence to support their claim that the exclusive representative's past practice was to consult with grievants prior to the final settlement of a grievance. Both charging parties had previously discussed the matter with the exclusive representative, and had informed it what they wanted out of the grievance prior to the final settlement. The exclusive representative's settlement of the grievance was based upon its understanding that both charging parties wanted to be high school counselors. The terms of the settlement agreement achieved these goals. The exclusive representative's settlement of the grievance had a rational basis, and was not arbitrary, discriminatory, nor in bad faith; p. 19, proposed dec. more or view all topics or full text.
253210007/31/01
1379E California School Employees Association (Hansen)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charging party failed to prove that CSEA arbitrarily ignored or otherwise mishandled a meritorious grievance; no evidence that charging party asked union to file a grievance on any of the five occasions alleged in the complaint. more or view all topics or full text.
243106402/28/00
A265E Teamsters Local 137 (Illum and DeMuro)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Allegations of inconsistent statements, disparaging remarks and conflict of interest did not state a prima facie violation of EERA section 3543.6 because charging parties did not establish that employee organization's action or inaction was without a rational basis or devoid of honest judgment; p. 4. more or view all topics or full text.
192604902/17/95
1321E American Federation of State, County and Municipal Employees (Martin)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
A union may exercise its discretion to determine how far to pursue a grievance in the employee's behalf as long as it does not arbitrarily ignore a meritorious grievance or process a grievance in a perfunctory fashion. A union is also not required to process an employee's grievance if the chances for success are minimal. A union's decision not to continue to pursue a grievance, regardless of the merits, is not a violation of the duty of fair representation. With regard to the union's duty of fair representation after arbitration, an arbitration decision is ordinarily final, except where the union does not represent the employee properly at the arbitration proceeding. However, in order to prove this, the employee must show more than a mere error in judgment. He must establish that the union was guilty of malfeasance, dishonestry, bad faith, or discriminatory treatment, or that it acted in a perfunctory or arbitrary fashion; was guilty of malfeasance, dishonestry, bad faith, or discriminatory treatment, or that it acted in a perfunctory or arbitrary fashion; conduct, the member must show blatant unfairness by union. None was demonstrated here. more or view all topics or full text.
233009104/02/99
1302E Coachella Valley Federation of Teachers, California Federation of Teachers/American Federation of Teachers (Kok)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
A union is not required to take a grievance to arbitration when the agreement between the district and union has expired; p. 3, dismissal letter; p. 6, warning letter. Successor union does not owe a duty of fair representation to a former employee who ceased being an employee of the district before the new union became the exclusive representative; p. 1, dismissal letter; p. 7, warning letter. more or view all topics or full text.
233002612/11/98
1289E United Teachers of Los Angeles (Seliga)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Refusal of grievance committee to pursue grievance to arbitration because it determined that there was no contract violation did not state a violation; p. 4, dismissal letter. Union settlement of a grievance contrary to grievant's wishes do not necessarily demonstrate a DFR. more or view all topics or full text.
222917110/08/98
1276E United Teachers-Los Angeles (Reilly)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Duty of fair representation imposed by EERA section 3544.9 applies to grievance handling; p. 2, warning letter. Union did not breach duty of fair representation when it pursued grievance to the point of arbitration and sent certified letter to inform grievant of decision not to proceed with arbitration and of procedure to appeal Union's decision not to seek arbitration even though charging party did not receive the letter; p. 3, warning letter. Despite allegations of several disagreements between Union and grievant, charge fails to allege facts demonstrating that Union actions were arbitrary, discriminatory, or in bad faith; pp. 3-4, warning letter. more or view all topics or full text.
222912607/23/98
1270E San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The duty of fair representation under EERA extends to grievance handling, and information relating to grievance processing is deemed to be relevant. The duty of fair representation does not extend, however, to an extracontractual forum; p. 70, proposed dec. more or view all topics or full text.
222911306/22/98
1241E Los Rios College Federation of Teachers (Deglow)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
PERB will dismiss a charge that the duty of fair representation has been breached by a refusal to take a grievance to arbitration if the union makes a reasonable determination that the grievance lacks merit. In making this determination, the Board does not determine whether the union's assessment was correct, but only whether that determination had a rational basis or was based on reasons that were arbitrary or based upon invidious discrimination; p. 4, warning letter. more or view all topics or full text.
222902812/09/97
1237E Los Rios College Federation of Teachers (Deglow)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Even if union admits previously filing nonmeritorious grievances, refusal to file charging party's grievance is not arbitrary, capricious or discriminatory. Especially considering that prior refusal of the union to file the same grievance was found by the Board to not violate DFR. more or view all topics or full text.
222902012/02/97
1238E Los Rios College Federation of Teachers (Deglow)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No prima facie case for breach of the duty of fair representation, where union failed to pursue grievance because of District's attorney and refused to pursue grievance even after attorney left the District and swiftly denied request to pursue the grievance; p. 5, warning letter. more or view all topics or full text.
222902112/02/97
1223E East Side Teachers Association, CTA/NEA (Hernandez)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union's duty of fair representation is limited to contractually based remedies under the union's exclusive control (San Francisco Classroom Teachers Association (Chestangue) (1985) PERB Decision No. 544); p. 3, warning letter. Union does not have obligation to notify an employee that noncontractual remedy exists (University Council, AFT (Ning-Ping Chan) (1994) PERB Decision No. 1062-H); p. 4, warning letter. more or view all topics or full text.
212816410/20/97
1200E San Jose Community College Faculty Association (Maestas-Flores)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union may exercise its discretion to determine how far to pursue a grievance in employee's behalf as long as it does not arbitrarily ignore a meritorious grievance or process a grievance in a perfunctory fashion (citation); p. 6, warning letter. more or view all topics or full text.
212810806/02/97
1196E Service Employees International Union, Local 99 (Vercher)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The duty of fair representation extends to grievance handling, but charge failed to show the association's conduct was arbitrary, discriminatory or in bad faith; p. 2, warning letter. more or view all topics or full text.
212809205/02/97
1183E United Teachers of Los Angeles (Shade)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union's refusal to pursue grievances to arbitration by itself does not state a DFR violation. more or view all topics or full text.
212805202/20/97
1165E Valley of the Moon Teachers Association (McClure)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
While employee has right to present grievances to employer without intervention of exclusive representative, no violation found where exclusive representative refused to provide information to employee's private counsel and grieved the District's recognition of the attorney; p. 2. No violation found where charge fails to allege facts sufficient to support a finding that exclusive representative's interpretation of collective bargaining agreement was unreasonable; p. 3. more or view all topics or full text.
202713308/13/96
1152H American Federation of State, County and Municipal Employees (Dehler) * * * OVERRULED IN PART by Mount Diablo Education Association (Scott) (2010) PERB Decision No. 2127
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
A pattern of failure to respond to the employer or employee during the grievance procedure established a prima facie violation of arbitrary failure by the exclusive representative to fairly represent the employee; p. 8. more or view all topics or full text.
202710205/29/96
1147E Mt. San Jacinto College Faculty Association (Vasek)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union may exercise its discretion to determine how far to pursue a grievance in the employee's behalf as long as it does not arbitrarily ignore a meritorious grievance or process a grievance in a perfunctory fashion; p. 3, warning letter. more or view all topics or full text.
202706403/15/96
1142E Los Rios College Federation of Teachers (Lowman)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
A union is not required to process a grievance to any level if it has a reasonable belief that the claim is meritless; p. 2, dismissal letter. more or view all topics or full text.
202705802/29/96
1132E American Federation of Teachers College Staff Guild, Local 1521 (Mrvichin)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The exclusive representative may withdraw from representation if it feels that its client is not following its advice and acting independently in a manner which undermines that representation process. This is not arbitrary, discriminatory or bad faith conduct. Correspondingly, an employee may terminate his relationship with the exclusive representative if he feels that it is not acting in his best interest. more or view all topics or full text.
202702701/11/96
1133E Los Rios College Federation of Teachers (Deglow)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The exclusive representative has considerable discretion in the representation of employees within the grievance procedure. The Board has found that this discretion includes the exclusive representative's ability to decide in good faith that even a meritorious employee grievance should not be pursued; p. 6. Absent some compelling reason, a union is free to allocate its resources as it sees fit; p. 16, proposed dec. A union is not required to process a grievance if the chances of success are minimal; p. 17, proposed dec. The exclusive representative owes no duty of fair representation in matters which occurred before it became the exclusive representative; p. 20, proposed dec. more or view all topics or full text.
202702901/19/96
1135E Los Rios College Federation of Teachers (Deglow)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
It is not irrational for a union to: (1) drop a grievance over a performance evaluation where the evaluation has been improved to a "meets standards", (2) inform the employer of its decision, or (3) publish its position regarding unfairs filed against it. more or view all topics or full text.
202703301/29/96
1128E Oakland Education Association (Bennett)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No showing that the union refused to process a meritorious grievance for arbitrary, discriminatory, or bad faith reasons. A union is not required to file a grievance upon request of an employee but is permitted discretion in whether to process a potential grievance based on the strength of the case; No violation where union heard complaint and made several attempts to investigate. No evidence that negative input played a role; p. 7, warning letter. more or view all topics or full text.
202701612/08/95
1122S State of California (Office of Emergency Services) (Karim-Panahi)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
A charging party's "failure to exercise the grievance process," even if that precludes further pursuit of the grievance process and arbitration, "does not create futility" (Desert Sands Unified School District (1995) PERB Decision No. 1102); p. 2, dismissal letter. more or view all topics or full text.
202700311/07/95
1116E Service Employees International Union, Local 715 (Caviglia)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Lack of diligence in processing a grievance is not the appropriate test for breach of the duty of fair representation; the recommendation not to appeal the termination appears to have been based on improbability of prevailing in the appeal, an assessment on the merits of the case; pp. 2-3, dismissal letter. more or view all topics or full text.
192613309/14/95
1109E American Federation of Teachers College Guild, Local 1521 (Saxton)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Employee organization's handling of grievance and declining to take grievances to arbitration do not violate duty of fair representation unless it can be shown that the conduct was without rational basis or devoid of honest judgment; p. 11, proposed dec. Burden is upon charging party to show how union abused its discretion and not on union to show that it properly exercised it; p. 11, proposed dec. Allegation that employee organization representative breached its duty to fairly represent member based on representative's statement that she was pleased at no longer having to represent member did not constitute violation; pp. 10-11, proposed dec. No obligation on union to provide employee with a representative of her choice as selection is an internal union matter not subject to DFR. Nor is failure to provide a certain representative an adverse her choice as selection is an internal union matter not subject to DFR. Nor is failure to provide a certain representative an adverse more or view all topics or full text.
192610305/31/95
1097E California School Employees Association (Marquez)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
An exclusive representative is not expected or required to satisfy all members of the unit it represents, and the duty of fair representation does not mean that an exclusive representative is barred from making contracts which may have unfavorable effects on some members; p. 4, warning letter. Even poor judgment on the union's part would not be enough to establish a violation of its duty of fair representation; p. 4, warning letter. more or view all topics or full text.
192608805/03/95
1089E California School Employees Association (Hare)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Even if collective bargaining agreement gives union member right to arbitrate his own grievance, union's refusal to allow member to exercise that right does not state a prima facie violation of EERA. Under EERA section 3543, once the employee requests the union to pursue his/her grievance to arbitration, pursuit of the grievance is within the sole discretion of the union (Chaffey Joint Union High School District (1982) PERB Decision No. 202); pp. 2-3, warning letter. more or view all topics or full text.
192606703/13/95
1075E San Juan Teachers Association (Spade)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No DFR violation where Association, mindful of its limited resources, refused to take a grievance to arbitration where the evidence supporting the grievance was weak. more or view all topics or full text.
192603312/16/94
1065E San Jose Teachers Association (Allen)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charging party failed to establish that the union's decision to withdraw the grievance from arbitration was without a rational basis, devoid of honest judgment, or was otherwise made for arbitrary, discriminatory or bad faith reasons; p. 6, warning letter. more or view all topics or full text.
192600711/04/94
1054E Amalgamated Transit Union Local 256 (Gibson)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union cannot proceed to process a grievance in a perfunctory manner. Even though union failed to process grievance, charging party alleged no facts that showed that the union's conduct in failing to pursue the grievance was anything more than mere negligence. more or view all topics or full text.
182512709/06/94
1051H California Faculty Association (Bacon)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The alleged facts do not establish that the union engaged in deliberate conduct that was arbitrary, discriminatory or in bad faith. At most there may have been some miscommunication concerning which grievance had been approved for arbitration and the union may not have been as responsive to inquiries as the charging party would have liked; p. 2, warning letter. more or view all topics or full text.
182511308/16/94
0967S California Union of Safety Employees (Baima)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Duty of fair representation does not provide absolute right to have grievance taken to arbitration; No obligation for exclusive representative to pursue grievance to arbitration where potential for success at arbitration is doubtful; pp. 12-13, proposed dec. Threaten lawsuit by a member does not negate the exclusive representatives role in representing that member; A union cannot refuse to process a grievance because exclusive representative believes its member has engaged in conduct that the union considered disloyal; p. 3. The ALJ relied on Plumbers Local Union 598 Columbia Mechanical Contrators Assn. (1980) 250 NLRB 75 [104 LRRM 1440] where a union breached the duty of fair representation when it refused to process a grievance because the grievant had filed charges with public agencies; p. 15, proposed dec. Letter from union's general counsel ceasing all activities on with public agencies; p. 15, proposed dec. Letter from union's general counsel ceasing all activities on Where union has shown bad faith in the processing of grievances it is appropriate to require the union to hire outside counsel to do it. Reasonable attorneys fees granted; p. 3; pp. 16-17, proposed dec. more or view all topics or full text.
172402901/19/93
0970E United Teachers - Los Angeles (Wyler)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The CBA between the parties allows the union the discretion to submit matters to arbitration with the grievant's concurrence. It does not say the union must submit the matter to arbitration. Allegations that exclusive representative decided not to arbitrate a grievance and did not provide grievant with a reason does not, by itself constitute arbitrary, discriminatory or bad faith conduct. more or view all topics or full text.
172404002/08/93
0951H California Faculty Association (Shvyrkov)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Exclusive representative's refusal to proceed with arbitration not shown to be arbitrary, discriminatory, or in bad faith as exclusive representative has discretion in determining how far to proceed with the grievances; p. 7, warning letter. Board agent properly dismissed unfair practice charge as charging party failed to allege facts showing that exclusive representative failed or refused to process grievances for arbitrary, discriminatory or bad faith reasons; p. 7, warning letter. more or view all topics or full text.
162314109/04/92
0953E California School Employees Association (Kotch)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
As exclusive representative's advise regarding grievance was consistent with contractual language, Board found insufficient facts alleged to show arbitrary, discriminatory or bad faith conduct; p. 11, warning letter. more or view all topics or full text.
162316310/05/92
0909E Corona-Norco Teachers Association (Paloma)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charge dismissed for failure to state a prima facie case of a breach of the duty of fair representation. Failure to notify in writing of decision not to pursue grievance to arbitration not arbitrary, discriminatory or bad faith conduct. more or view all topics or full text.
152217511/07/91
0881H International Union of Operating Engineers, Local 501 (Irvin)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
In order to state a prima facie violation of 3571.1(b) and (e) of the HEERA, charging party must show that the Association's conduct was arbitrary, discriminatory or in bad faith; p. 4, warning letter. Absent bad faith, discrimination or arbitrary conduct, mere allegations or poor judgment in handling a grievance does not constitute a breach of the union's duty; pp. 4-5, warning letter. A union may exercise its discretion to determine how far to pursue a grievance on the employee's behalf so long as it does not arbitrarily ignore a meritorious grievance or process a grievance in a perfunctory fashion. A union is not required to process an employee's grievance if the chances for success are minimal; p. 5, warning letter. No evidence presented that IUOE handled charging party's complaint or grievance in a manner which can be described as arbitrary, discriminatory or in bad faith; p. 5, warning letter. grievance in a manner which can be described as arbitrary, discriminatory or in bad faith; p. 5, warning letter. pursuing the grievance once it had been filed, there are no facts indicating that this conduct was more than negligent behavior on her part; p. 5, warning letter. more or view all topics or full text.
152209205/22/91
0859H American Federation of State, County and Municipal Employees (Smith)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Absent bad faith, discrimination or arbitrary conduct, mere allegations or poor judgment in handling a grievance does not constitute a breach of the union's duty of fair representation; p. 5, warning letter. A union may exercise its discretion to determine how far to pursue a grievance on the employee's behalf so long as it does not arbitrarily ignore a meritorious grievance or process a grievance in a perfunctory fashion. A union is not required to process an employee's grievance if the chances for success are minimal; p. 5, warning letter. To state a prima facie case of arbitrary conduct violating the duty of fair representation a charging party must, at a minimum, include an assertion of sufficient facts from which it becomes apparent how or in what manner the exclusive representative's action or inaction was without a rational basis or devoid of honest judgment; pp. 5-6, what manner the exclusive representative's action or inaction was without a rational basis or devoid of honest judgment; pp. 5-6, charging party was not able to show how decision not to take the case to arbitration was without a rational basis or devoid of honest judgment. Contract gave broad authority to the employer over issues central to charging party's grievance. Union, therefore, could conclude with some rational basis and honest judgment that success in challenging charging party's termination in arbitration was not likely. Finally, considering effort and expense of arbitration, it was not unreasonable for union to be concerned that charging party, based upon a therapist's advice, might ultimately decline reinstatement remedy; p. 6, warning letter. more or view all topics or full text.
152201212/17/90
0828E Saddleback Valley Educators Association, South Orange County Educators (Forslund)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No prima facie case where Association's representation in arbitration, including the implementation of the arbitration award, was not arbitrary, discriminatory or in bad faith; pp. 3-4, dismissal letter; pp. 6-7, warning letter. more or view all topics or full text.
142114507/19/90
0796E United Teachers of Los Angeles (Clark)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No prima facie case of breach of duty of fair representation where union, acting pursuant to contract provision, put grievance in abeyance pending outcome of disciplinary proceedings. more or view all topics or full text.
142107703/22/90
0712E Los Rios College Federation of Teachers, Local 2279, California Federation of Teachers/American Federation of Teachers (Barth)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No violation of the duty of fair representation where association denied charging party's request to take grievance to a Board of Review (arbitration). Association's inquiry into the legal basis for grievance is not evidence that grievance was handled in a perfunctory manner or that the association acted with bad faith, discriminatory motive, or arbitrarily. RA dismissal upheld. more or view all topics or full text.
132002412/29/88
0695E American Federation of Teachers, Local 2121 (Pearce)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union's failure to subpoena District records and meet with District representatives does not constitute perfunctory or arbitrary handling. Although union's failures allowed for a seven-month delay, this caused no harm to Charging Party in light of the applicable contract provisions. more or view all topics or full text.
121914007/28/88
0697H American Federation of State, County and Municipal Employees (Waters)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union's failure to comply with a contract provision requiring distribution of contracts to employees is not arbitrary, discriminatory or bad faith conduct. more or view all topics or full text.
121916309/26/88
0698H California Faculty Association (Pomerantsev)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union entitled to reject charging party's claims based on lack of merit. Mere negligence does not demonstrate a violation of DFR. more or view all topics or full text.
121916409/26/88
0692H California Faculty Association (Wang)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union representative's failure to attend a meeting cancelled by the employee does not evidence unreasonable or arbitrary conduct. Union representative's failure to return all of the grieving employee's phone calls does not constitute processing a meritorious grievance in a perfunctory manner and thus no violation. more or view all topics or full text.
121913507/26/88
0682H American Federation of State, County and Municipal Employees, Council 10 (Olson)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Negligence in handling a grievance insufficient to demonstrate violation. more or view all topics or full text.
121910406/20/88
0614S California State Employees Association (Morrow)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union's action in failing to pursue grievance on charging party's behalf was not arbitrary, discriminatory or in bad faith; p. 13. more or view all topics or full text.
111805502/20/87
2486M Service Employees International Union, United Healthcare Workers West (Lacey)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Board affirmed and adopted dismissal of charge and complaint alleging exclusive representative had violated its duty of fair representation by not timely filing and, once filed, not pursuing, a grievance challenging employee’s release during probationary period for alleged misconduct. Charging party presented no evidence to show that exclusive representative’s interpretation of contract provisions governing probationary release was arbitrary, discriminatory or advanced in bad faith. Even if representative’s interpretation had been incorrect, charging party did not show that any reasonable alternative interpretation of the collective bargaining agreement would call into question representative’s interpretation that a grievance challenging charging party’s termination stood little to no chance of success. more or view all topics or full text.
412406/30/16
1747M International Union of Operating Engineers Local 39 (Kempe)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
A union's "mere negligence" may breach the duty of fair representation in cases in which the individual interest at stake is strong and the union's failure to perform a ministerial act completely extinguishes the employee's right to pursue his claim; p. 7. The Board has found that various actions taken by a union, considered separately, would not violate the duty of fair representation. However, when considered in their totality, the actions represent a pattern of conduct which demonstrate an arbitrary failure to fairly represent the bargaining unit employee; p. 7. A union's decision to conduct an arbitration hearing contrary to the wishes of an employee; by failing to meet with employee before the hearing; and by failing to present certain evidence, does not violate the duty of fair representation; p. 9. more or view all topics or full text.
297102/04/05
1220E Duarte Unified Education Association (Fox)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The Charging Party failed to show that the exclusive representative acted without a rational basis or honest judgment when the representative's strategy at a meeting with the employer was to listen rather than speak; p. 21, proposed decision. A failure to return an employee's phone call, standing alone, does not demonstrate a violation of the duty of fair representation; p. 23, proposed decision. more or view all topics or full text.
212816009/26/97
1217S California Correctional Peace Officers Association (Horspool)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Exclusive representative has considerable discretion in representing employees within the grievance procedure; pp. 2-3, dismissal letter. Because exclusive representative has duty to represent all the members of the bargaining unit, a good faith, rational, and nondiscriminatory settlement agreement that benefits some unit members and not others does not violate the duty of fair representation; p. 3, dismissal letter. more or view all topics or full text.
212814609/18/97
1218S California Correctional Peace Officers Association (Negrete)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Exclusive representative has considerable discretion in representing employees within the grievance procedure; pp. 2-3, dismissal letter. Because exclusive representative has duty to represent all the members of the bargaining unit, a good faith, rational, and nondiscriminatory settlement agreement that benefits some unit members and not others does not violate the duty of fair representation; p. 3, dismissal letter. more or view all topics or full text.
212814709/18/97
1208E Los Rios College Federation of Teachers (Bernath)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Two year old newsletter referring to charging party's earlier protected activity is insufficient to establish that union's failure to pursue grievance to second level was discriminatory; pp. 3-4, warning letter. Mere fact that union successfully pursued similar grievance several years prior is insufficient to establish lack of rational basis for decision not to pursue present grievance; p. 4, warning letter. more or view all topics or full text.
212812106/23/97
1212E California School Employees Association, Chapter 413 (Gonzalez)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
The duty of fair representation extends to grievance handling, but the charge failed to state a prima facie violation because it did not present any facts showing that the exclusive representative acted in an arbitrary, discriminatory or bad faith manner in handling the grievance or deciding not to pursue the grievance; p. 3, warning letter. more or view all topics or full text.
212812306/24/97
0526E Los Angeles Unified School District (Glass)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charging party failed to meet burden of proof re union's failure to represent him at initial grievance step. Union does not breach duty when it, relying on its interpretation of the contract, determines that a grievance is without merit and declines to process it. more or view all topics or full text.
91621809/30/85
0496H California State Employees Association (Dees)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No evidence of arbitrary, discriminatory or bad faith conduct where union exercised judgement not to pursue grievance to arbitration and where union filed all other grievances requested; no absolute right to have a grievance taken to arbitration. more or view all topics or full text.
91610003/14/85
0444E San Francisco Classroom Teachers Association, CTA/NEA (Linn)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No prima facie allegation of violation where exclusive representative settled grievance based on consideration of effect upon entire unit even though individual member affected adversely. No allegation of arbitrary, discriminatory or bad faith action. R.A. dismissal upheld. more or view all topics or full text.
91600811/29/84
0430E San Francisco Classroom Teachers Association, CTA/NEA (Bramell)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Failure of union representative to seek extension of time for taking grievance to next step, after promising grievant it would do so, states prima facie allegation of violation of DFR. Union representative's failure to act can become artitrary if it is without a rational basis or is devoid of honest judgement. R.A. dismissal is reversed. more or view all topics or full text.
81521511/13/84
0438E United Teachers of Los Angeles (Buller)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Allegation that exclusive representative refused to take employee grievance to arbitration does not state a prima facie violation of DFR. Employee does not have absolute right to have grievance taken to arbitration. Exclusive representative's refusal was not arbitrary, discriminatory or in bad faith. Allegation that exclusive representative was less aggressive than charging party would like does not state violation to DFR. Quality of representation did not reach level of negligence, and certainly was not arbitrary. R.A. dismissal upheld. more or view all topics or full text.
81522711/21/84
0439E Los Angeles County Building and Construction Trades Council (Jones)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Allegation that exclusive representative refused to represent employee in grievance processing fails to state a prima facie violation to DFR. Pleadings show that employee did not describe his complaint in writing as requested by union as first step in securing representation. R.A. dismissal upheld. more or view all topics or full text.
91600111/27/84
0428E Sacramento City Teachers Association (Fanning, et al.)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No prima facie case in allegation that exclusive representative refused to take charging parties' grievance about wage inequity to arbitration. Exclusive representative's refusal was due to conclusion that the potential for success through arbitration was doubtful, that wage inequity was being phased out, and that arbitration of the issue presented potentially negative implications for other bargaining unit members. No allegation to indicate exclusive representative's decision was arbitrary, discriminatory or in bad faith. R.A. dismissal upheld. more or view all topics or full text.
81521211/06/84
0402E Service Employees International Union Local 99 (Sponza)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Allegation that union denied employee's request for grievance representation fails to state a prima facie case. As it appeared that employee did not request union to assist him until after employer deadline for response to layoff notice, union did not breach its duty of fair representation when it believed the time period had elapsed; p. 3. more or view all topics or full text.
81515608/31/84
0341E Service Employees International Union (Scates) (Pitts)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Charging party did not establish failure to fairly represent in grievance arbitration, or failure to notify charging party of decision until 18 days after decision issued. No showing that the employee organization acted arbitrarily, capriciously or in bad faith. Failure to return phone calls, without more, does not amount to showing of failure to fairly represent. more or view all topics or full text.
71423908/29/83
0332E Reed District Teachers Association (Reyes)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No violation in absence of arbitrary, discriminatory or bad faith conduct. Where employee organization was processing grievance, no violation to fail to respond to letter from grievant, as no showing failure was either without rational basis or devoid of honest judgment. more or view all topics or full text.
71422408/15/83
0258E United Teachers of Los Angeles (Collins)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Absent bad faith, discrimination, or arbitrary conduct, mere negli- gence or poor judgment in handling a grievance does not constitute a breach of the duty of fair representation; p. 5. Union may exercise its discretion to determine how far to pursue a grievance in the employee's behalf as long as it does not arbitrarily ignore a meritorious grievance, or process it in a perfunctory manner; p. 5. Union is not required to process an employee's grievance if the chances for success are minimal; p. 5. more or view all topics or full text.
71400411/17/82
0222E San Francisco Federation of Teachers (Hagopian)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union policy requiring nonmembers to pay share of arbitration costs or the equivalent of annual dues (whichever is less) as precondition to moving a grievance to arbitration, breaches duty of fair representation where: members were not required to make such payment and the union had the exclusive right under contract to appeal grievance to arbitration. Conditioning representation of nonmembers upon payment of costs also unlawfully discriminates, interferes with, etc., nonmembers in exercise of right not to participate in employee organization; pp. 5-8. more or view all topics or full text.
61315906/30/82
0149E Castro Valley Unified School District (McElwain and Lyen)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union did not violate DFR when it refused to take charging parties' complaints over transfer to arbitration. Union executive board was entitled to consider negative effect that a success in the arbitration would have on the unit as a whole. This was a rational, non-arbitrary decision not motivated by hostility or bad faith toward the charging parities. more or view all topics or full text.
51200612/17/80
0981E Associated Pomona Teachers
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
A union may exercise its discretion to determine how far to pursue a grievance. Charging party failed to establish how the union's decision not to pursue the grievance to arbitration was without a rational basis, devoid or honest judgment, discriminatory or in bad faith; p. 3, warning letter. more or view all topics or full text.
172405503/12/93
0982H American Federation of State, County and Municipal Employees (Clark)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union's determination not to proceed to arbitration was not the failure to perform a ministerial act and thus does not compel the Board to adopt a new standard for violation of DFR; pp. 1-2. more or view all topics or full text.
172405603/15/93
0980S California State Employees Association (Cohen)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Although union representative may have abandoned charging party when she left her employment with the union, her departure is not shown to have caused charging party to forfeit her grievances due to lapse of time or other circumstances; p. 5, warning letter. Failure to notify charging party of the departure of the union representative amounts at most to negligence; p. 5, warning letter. The filing of a grievance does not bind the union to proceed with it through all steps of the process. more or view all topics or full text.
172405403/12/93
0125E Fremont UD Teachers Association (King)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
No violation of DFR found where union filed grievance to enforce contractual right on its own name without the affected individual's permission; where competing interests of majority arise; competing interests of individual employee must be subordinate; pp. 6-7. more or view all topics or full text.
41107104/21/80
0944E United Teachers Los Angeles (Ragsdale) * * * CLARIFIED by National Union of Healthcare Workers (2012) PERB Decision No. 2249-M
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Mere negligence or poor judgment of an exclusive representative does not constitute a breach of the union's duty of fair representation; p. 6, warning letter. more or view all topics or full text.
162309806/23/92
0946E United Teachers-Los Angeles (Moszkowski)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Not apparent how exclusive representative's conduct including its decision not to arbitrate grievances, was without rational basis, devoid of honest judgment, discriminatory, or in bad faith; p. 3, warning letter. more or view all topics or full text.
162310006/30/92
0934E United Teachers-Los Angeles (Vigil)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Allegation that exclusive representative decided not to arbitrate a grievance and did not provide grievant with a reason was insufficient to show arbitrary, discriminatory or bad faith conduct. more or view all topics or full text.
162307805/19/92
0930E California School Employees Association (Simeral)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Allegations that exclusive representative mishandled a grievance were insufficient to show arbitrary, discriminatory or bad faith conduct. more or view all topics or full text.
162307105/14/92
0931S Association of California State Attorneys (Winston)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Unfair practice charge alleging that exclusive representative failed to adequately represent charging party at an arbitration hearing did not include sufficient facts to show arbitrary, discriminatory, or bad faith conduct; p. 2, warning letter. Not improper for union to deny grievant's request to represent self or have own attorney at arbitration. more or view all topics or full text.
162307205/14/92
0932E United Teachers-Los Angeles (Simms)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Union decision to conduct the grievance arbitration hearing contrary to the wishes of the charging party and the decision not to file a written brief is insufficient to constitute a violation; p. 1, warning letter. more or view all topics or full text.
162307605/15/92
0914E United Teachers of Los Angeles (Keskey)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Mere negligence or poor judgment in the handling of a grievance does not establish a violation of the duty of fair representation, nor do differences in grievance-handling tactics, or differing interpretations of the collective bargaining agreement; p. 11, proposed dec. more or view all topics or full text.
162301012/13/91
0068E Mt. Diablo Unified School District (Quarrick and O'Brien)
800.2000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Grievance Handling/Contract Administration
Since there was no statutory obligation to permit charging parties, at arbitration, to represent themselves or be represented by others rather than that exclusive rep., no DFR breach from denial of such request; pp. 13-14. more or view all topics or full text.
2217408/21/78