Decision 0332E – Reed District Teachers Association (Reyes)
SF-CO-181
Decision Date: August 15, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14224
Decision Headnotes
806.01000 – In General
Statute of limitations applies to conduct alleged to violate duty of fair representation.
1101.04000 – Continuing Violation
Even if contract provision were considered continuing violation, range of discretion and latitude given to exclusive representative and absence of facts here showing conduct beyond reasonable latitude for arbitrary discriminatory or bad faith conduct, justify dismissal of charge.
1100.04000 – Amendments
Lay person not expected to know difference between amendment of charge or amendment to charge. Where later charge incorporates pleadings of original charge, all will be considered one pleading.
1100.08000 – Pleading Requirements
Lay person not expected to know difference between amendment of charge and amended charge. Where later charge incorporates pleadings of original charge, all will be considered one pleading.
1101.01000 – In General
Statute of limitations applies to conduct alleged to violate duty of fair representation.
800.01000 – In General; Prima Facie Case
Statute of limitations applies to conduct alleged to violate duty of fair representation.
800.02000 – 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.
800.03000 – Negotiations
Contract limiting exclusive representative right to process grievances to those where employee specifically requests such, in writing, is not an absolute obligation to file and represent individuals where requested.