Decision 0959S – California State Employees Association (Finch)
S-CO-142
Decision Date: November 20, 1992
Decision Type: PERB Decision
Perc Vol: 17
Perc Index: 24002
Decision Headnotes
1503.03000 – Regulations Considered (By Number) (Continued)
Pursuant to PERB Regulation 32635, Board did not consider facts raised for first time on appeal; p. 2.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Pursuant to PERB Regulation 32635, Board did not consider facts raised for first time on appeal; p. 2.
800.04000 – Scope of Duty; Internal Union Affairs
Duty of fair representation does not extend to extra-contractual hearings such as SPB hearings. Duty is limited to contractually based remedies under the employee organizations exclusive control; p. 3, dismissal letter.
800.05000 – Mode or Adequacy of Representation/Advocacy
Charge dismissed for failure to state a prima facie violation of the duty of fair representation. Denial of charging party's request for representation before the State Personnel Board (SPB) does not show that the union engaged in arbitrary, discriminatory or bad faith conduct; p. 4, warning letter. New unfair practice charge alleging that exclusive representative was ill and not competent to represent charging party did not include sufficient facts to show arbitrary, discriminatory or bad faith conduct; p. 3.
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. 2, dismissal letter.
1101.03000 – Computation of Six-Month Period
As charging party arguably knew or should have known of the exclusive representative's alleged unlawful conduct six months and one day before the charge was received in the PERB office, was filed outside the six month statute of limitations; p. 3, dismissal letter.