Decision 0526E – Los Angeles Unified School District (Glass)
LA-CE-1622; CO-245
Decision Date: September 30, 1985
Decision Type: PERB Decision
Perc Vol: 9
Perc Index: 16218
Decision Headnotes
1000.00000 – SCOPE OF REPRESENTATION
1000.02057 – Grievance Procedure
1000.02057 – Grievance Procedure
Violation of contractual grievance procedure does not evidence bad faith bargaining of that section of the contract.
1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling
1101.06000 – Statutory and Equitable Tolling
Facts do not meet two part San Dieguito test - District was not on notice of charge and, therefore, evidence lost. Grievance processed related to an entirely different issue.
800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration
800.02000 – Grievance Handling/Contract Administration
Charging party failed to meet burden of proof re union's failure to represent him at initial grievance step. Union does not breach duty when it, relying on its interpretation of the contract, determines that a grievance is without merit and declines to process it.