Decision 0342Ea – California School Employees Association (Dyer)
Decision Date: May 22, 1984
Decision Type: PERB Decision
Perc Vol: 8
Perc Index: 15086
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.
800.04000 – 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.