Decision 0072E – Redlands Teachers Association (Faeth & McCarty)

LA-CO-41

Decision Date: September 25, 1978

Decision Type: PERB Decision

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Perc Vol: 2
Perc Index: 2200

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

In reviewing dismissal for failure to state a prima facie case, the Board assumes the facts alleged in the charge are true; p. 2.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.03000 – Negotiations

Association's bargaining conduct, including its refusal to go to impasse over a psychologist pay proposal, within the discretion accorded exclusive reps.; p. 5, proposed dec.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

DFR breach requires arbitrary, discriminatory or bad faith conduct; p. 5, proposed dec.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

Even though NLRA does not contain specific wording comparable to DFR provision of EERA sec. 3544.9, since the rationale that generated the EERA language "lies embedded in federal precedents under the NLRA . . .," it is appropriate to consider federal precedent; p. 4, proposed dec.