Decision 0951H – California Faculty Association (Shvyrkov)

SF-CO-22-H

Decision Date: September 4, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23141

Decision Headnotes

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

No evidence to support Charging Party's claim that charge was timely filed; p. 5.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.16000 – Disqualification or Bias of Board Agent

Board Agent's facilitation of communication and statements to Charging Party do not demonstrate bias; pp. 3-4.

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

Exclusive representative's refusal to proceed with arbitration not shown to be arbitrary, discriminatory, or in bad faith as exclusive representative has discretion in determining how far to proceed with the grievances; p. 7, warning letter. Board agent properly dismissed unfair practice charge as charging party failed to allege facts showing that exclusive representative failed or refused to process grievances for arbitrary, discriminatory or bad faith reasons; p. 7, warning letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Board rejected charging party's argument that there were inconsistencies in the Board agent's dismissal. Board found the Board agent was attemping to cover all possible facts and conclusions by asserting alternative arguments; p. 4.

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

No evidence to support Charging Party's claim that charge was timely filed; p. 5.

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

Board rejected charging party's argument that there were inconsistencies in the Board agent's dismissal. Board found the Board agent was attempting to cover all possible facts and conclusions by asserting alternative arguments; p. 4.