Decision 0898E – California School Employees Association (Lohmann)

LA-CO-544

Decision Date: August 30, 1991

Decision Type: PERB Decision

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Perc Vol: 15
Perc Index: 22138

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

An individual does not have standing to raise a violation of 3543.6(c).