Decision 0149E – Castro Valley Unified School District (McElwain and Lyen)
Decision Date: December 17, 1980
Decision Type: PERB Decision
Perc Vol: 5
Perc Index: 12006
800.03000 – Negotiations
Union agreement to transfer policy under which teachers would "follow their students" in school consolidation did not violate DFR. Even though some teachers with high seniority did not select their choice of assignments, the union decision was not arbitrary, discriminatory or in bad faith. The union had rational basis in choosing policy because it resulted in less disruption.
800.02000 – 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.