Decision 0202E – Chaffey Joint Union High School District (Fleck)

Where the provisions of state acts are indentical or substantially similar to those of existing federal statutes, the inference may be drawn that the State Legislature intended that the state laws be interpreted and applied in accordance with federal precedent; p. 6.

Individual grievant does not have an indefeasible right under EERA section 3543 (second par.) to be represented during a negotiated grievance proceeding by a representative of the employee's choice. The right to file grievances and have them adjusted without intervention of the exclusive representative is not absolute. A contract provision limiting a grievant's choice of representative to one selected by the exclusive representative was not inconsistent with section 3543.

The right of individuals to file grievances and have them adjusted without intervention of the exclusive representative is not absolute. A contract provision limiting a grievant's choice of representative to one selected by the exclusive representative was not inconsistent with second paragraph of EERA section 3543.

The processing of grievances is a form of continuing negotiations over the written agreement in which the adjustment of the grievance provides the meaning and content to the general and often deliberately ambiguous agreement; p. 8.