Decision 0422E – Mt. Diablo Education Association (De Frates)
SF-CO-197
Decision Date: October 24, 1984
Decision Type: PERB Decision
Perc Vol: 8
Perc Index: 15203
Decision Headnotes
800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.03000 – Negotiations
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.