Decision 0658E – Berkeley Federation of Teachers, Local 1078, AFL-CIO (Moore)

SF-CO-310

Decision Date: February 22, 1988

Decision Type: PERB Decision

Perc Vol: 12
Perc Index: 19043

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

Allegations of racial discrimination by the union may be cognizable under other statutes, not EERA.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Charging Party (a unit member) lacks standing to file an EERA section 3543.6(c) allegation (failure to bargain in good faith) against her union where it is independent of a breach of a duty of fair representation claim. A charge of a refusal by the exclusive representative to bargain in good faith must be brought by the employer, and cannot be brought by an individual employee since the union's duty to bargain is owed to the employer, not to individual unit members.

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

The union is not required by EERA to represent charging party in her effort to secure a contract under the Education Code, and the union's failure to represent her in matters outside the collective bargaining setting are not EERA violations.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Issues on appeal of regional attorney's dismissal must first be raised in the unfair practice charge.