Decision 0923E – California School Employees Association (Professional School Bus Drivers Association)

LA-CO-557

Decision Date: February 19, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23038

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

Duty of fair representation does not extend to the enforcement of rights under the Education Code; p. 2, warning letter.

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

Duty of fair representation does not extend to the enforcement of rights under the Education Code; p. 2, warning letter. Charging party did not show how union's refusal to represent hourly bus drivers, or refusal to pay legal expenses for a lawsuit, was without a rational basis, devoid of honest judgment, discriminatory or in bad faith; p. 3, warning letter.

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

Duty of fair representation does not extend to the enforcement of rights under the Education Code; p. 2, warning letter.

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

In cases involving an alleged violation of the duty of fair representation, the six-month limitation generally begins to run when the employee or employees knew or should have known that further assistance from the exclusive representative was unlikely; p. 2, warning letter.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.01000 – In General

Duty of fair representation does not extend to the enforcement of rights under the Education Code; p. 2, warning letter.