Decision 0898E – California School Employees Association (Lohmann)
LA-CO-544
Decision Date: August 30, 1991
Decision Type: PERB Decision
Perc Vol: 15
Perc Index: 22138
Decision Headnotes
800.01000 – In General; Prima Facie Case
In order to state a prima facie violation of EERA section 3544.9, a charging party must show that the association's conduct was arbitrary, discriminatory, or in bad faith; warning letter, p. 8. Even if the exclusive representative promised to appear at a hearing and then fails to attend, without facts showing that the failure to attend was motivated by bad faith, arbitrary conduct or capriciousness, no prima facie case is stated; p. 2.
800.04000 – Scope of Duty; Internal Union Affairs
CSEA does not owe a duty of fair representation in pursuit of charging party's merit system rules complaint, since CSEA does not control the exclusive means to obtain a remedy in this matter. This procedure is independent of and wholly outside the grievance procedure in the agreement between CSEA and the District; p. 9, warning letter. Even if the exclusive representative promised to appear at a hearing and then fails to attend, without facts showing that the failure to attend was motivated by bad faith, arbitrary conduct or capriciousness, no prima facie case is stated; p. 2. An exclusive representative has no duty to represent a unit member in a matter outside the scope of representation. A duty of fair representation does not subsequently arise when the exclusive represenative undertakes to assist a unit member in a matter outside the scope of representation; pp. 2-3. represenative undertakes to assist a unit member in a matter outside the scope of representation; pp. 2-3.
800.05000 – Mode or Adequacy of Representation/Advocacy
Negligence or poor judgment by the union are insufficient to violate the duty of fair representation; p. 3, dismissal letter.
1100.01000 – In General/Prima Facie Case
Pleading a bare allegation without sufficient supporting facts is insufficient for purposes of alleging a prima facie case.
1100.02000 – Investigation of Charge
A regional attorney is not entitled to rule on the merits of a charge by resolving conflicting claims; p. 3.
1100.03000 – Standing
An individual does not have standing to raise a violation of 3543.6(c).