Decision 0342E – California School Employees Association (Dyer)

SF-CO-180

Decision Date: September 2, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14242

Decision Headnotes

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

Where employee organization filed superior court action and court deferred to administrative exhaustion, and charging party had withdrawn unfair practice charge, refusal to appeal superior court action is not per se, a discriminatory, bad faith decision made without a rational basis or devoid of honest judgment or a breach of the duty of fair representation.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

Where employee organization filed superior court action and court deferred to administrative exhaustion, and charging party had withdrawn unfair practice charge, refusal to appeal superior court action is not per se, a discriminatory, bad faith decision made without a rational basis or devoid of honest judgment or a breach of the duty of fair representation.