Decision 0422E – Mt. Diablo Education Association (De Frates)

SF-CO-197

Decision Date: October 24, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15203

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.03000 – Negotiations

Union-negotiated contractual revision that changed method of calculating seniority not a violation of duty. Under new method, seniority date for employees with break in service was date of rehire. Under old method, seniority date for some employees with break in service was date of first hire. Despite allegation that Charging Party was adversely affected, there was no allegation that contractual change was arbitrary, discriminatory or in bad faith, and rational basis for position apparent from face of complaint. R.A. dismissal upheld.