Decision 0944E – United Teachers Los Angeles (Ragsdale) * * * CLARIFIED by National Union of Healthcare Workers (2012) PERB Decision No. 2249-M
LA-CO-587
Decision Date: June 23, 1992
Decision Type: PERB Decision
* * * CLARIFIED by National Union of Healthcare Workers (2012) PERB Decision No. 2249-M * * *
Perc Vol: 16
Perc Index: 23098
Decision Headnotes
1100.01000 – In General/Prima Facie Case
* * * CLARIFIED by National Union of Healthcare Workers (2012) PERB Decision No. 2249-M, where the Board rejected a formulaic application of the Ragsdale standard in favor of an analysis focusing on the prima facie elements of the alleged unfair practice and the sufficiency of the charging party’s allegations in relation to each of those elements. (See also, e.g., Santa Maria Joint Union High School District (2015) PERB Decision No. 2445, p. 13 fn. 14.) * * *
Charging party must allege with specificity who, what, when, where how the union's activities were arbitrary, discriminatory, or in bad faith. Mere speculation, conjecture or legal conclusions are insufficient; p. 6, warning letter.
800.02000 – Grievance Handling/Contract Administration
* * * CLARIFIED ON OTHER GROUNDS by National Union of Healthcare Workers (2012) PERB Decision No. 2249-M. * * *
Mere negligence or poor judgment of an exclusive representative does not constitute a breach of the union's duty of fair representation; p. 6, warning letter.
1101.03000 – Computation of Six-Month Period
* * * CLARIFIED ON OTHER GROUNDS by National Union of Healthcare Workers (2012) PERB Decision No. 2249-M. * * *
In duty of fair representation cases, the six month statutory period begins on the date when the employee in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely; p. 4, warning letter.