Decision 0342Ea – California School Employees Association (Dyer)

SF-CO-180

Decision Date: May 22, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15086

Decision Headnotes

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

Employee organizations' non appeal of superior court decision was consequence of conscious decision based upon the exercise of judgment and not an "unexcused and unexplained failure to perform a ministerial act," that might support failure of duty of fair representation within meaning of Dutrisac v. Caterpillar Tractor Co.

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

Employee organizations advise to pursue Education code violation through courts not a breach of duty of fair representation where there was pending charge before PERB. Union's taking calculated risk court might defer on exhaustion of administrative preemption where emerging precedent, is not evidence of negligent failure to perform a ministerial act, or demonstrate discriminatory, or bad faith conduct.