Decision 0068E – Mt. Diablo Unified School District (Quarrick and O'Brien)
SF-CE-147; CO-34
Decision Date: August 21, 1978
Decision Type: PERB Decision
Perc Vol: 2
Perc Index: 2174
Decision Headnotes
300.04000 – Individual/Concerted/Activities/Self-Representation
The right to represent oneself contained in section 3543 does not include the right to do so in an arbitration case (p. 8); for the same reason, in arbitration there is no right to have own attorney rather than exclusive representative; p. 10.
202.06000 – Nonexclusive Representatives
Once exclusive rep. certified or recognized, nonexclusive rep. has no right to represent its member in grievances or arbitration; p. 9.
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Charging party fails to show alleged breach of contract also constitutes unfair practice; p. 11.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Representation clause in contract fails to constitute waiver of statutory right to bar charging parties from being represented at arbitration other than by the exclusive rep.; p. 10.
800.02000 – 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.
800.01000 – In General; Prima Facie Case
Breach of DFR constitutes violation of sec. 3543.6(b); p. 13.
408.02000 – Grievances/Grievance Procedure
Once exclusive rep. certified or recognized, nonexclusive rep. has no right to represent its members in grievances or arbitration; p. 9.