Decision 0877E – Los Rios Community College District
Decision Date: May 16, 1991
Decision Type: PERB Decision
Perc Vol: 15
Perc Index: 22083
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.
800.03000 – 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.
1101.03000 – 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.
1103.09000 – 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.