Decision 0931S – Association of California State Attorneys (Winston)

LA-CO-45-S

Decision Date: May 14, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23072

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

Unfair practice charge alleging that exclusive representative failed to adequately represent charging party at an arbitration hearing did not include sufficient facts to show arbitrary, discriminatory, or bad faith conduct; p. 2, warning letter. Not improper for union to deny grievant's request to represent self or have own attorney at arbitration.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

Unfair practice charge alleging that exclusive representative failed to adequately represent charging party at an arbitration hearing did not include sufficient facts to show arbitrary, discriminatory, or bad faith conduct; p. 2, warning letter. Not improper for union to deny grievant's request to represent self or have own attorney at arbitration.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

As all allegations in unfair practice charge occurred more than six months prior to the filing of the charge, Board agent properly dismissed charge; p. 3, warning letter. Board agent's statement to charging party that he "had one year to file" did not clearly refer to the filing of an unfair practice charge and did not excuse charging party's responsibility to timely file his unfair practice charge; p. 3.

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

As charging party arguably knew or should have known of the exclusive representative's alleged unlawful conduct at, or before, the arbitration hearing, the statute of limitations does no begin to run on date when charging party received the arbitrator's decision; p. 3, warning letter.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Pursuant to PERB Regulation 32365, Board did not consider facts raised for first time on appeal; p. 2.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

Pursuant to PERB Regulation 32365, Board did not consider facts raised for first time on appeal; p. 2. Board agent's statement to charging party that he "had one year to file" did not clearly refer to the filing of an unfair practice charge and did not excuse charging party's responsibility to timely file his unfair practice charge; p. 3.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

Pursuant to PERB Regulation 32365, Board did not consider facts raised for first time on appeal; p. 2.