Decision 0877E – Los Rios Community College District

S-CO-237-253

Decision Date: May 16, 1991

Decision Type: PERB Decision

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Perc Vol: 15
Perc Index: 22083

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

To show a violation of DFR, charging party must show that exclusive representative's conduct was arbitrary, discriminatory, or in bad faith; arbitrary conduct requires showing that conduct was without a rational basis or devoid of honest judgment; p. 11.

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

DFR applies to exclusive representative's conduct in negotiations; however, exclusive representative not required to bargain a particular subject benefiting certain unit members in negotiations; p. 11.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Limitation period begins to run on duty of fair representation charges on the date when the employee, in the exercise of reasonable diligence, knew or should have known that further assistance from the exclusive representative was unlikely; p. 10. Charges properly dismissed as untimely where charging parties claiming DFR violation during negotiations filed charges six months and one day after ratification of new contract by membership; pp. 10-11.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.09000 – Consolidation, Severance, or Bifurcation of Proceedings

Consolidation of 17 charges appropriate on appeal where allegations in charges are identical, charging parties are similarly situated, and warning and dismissal letters in the separate charges were substantially identical; p. 6.