Decision 0980S – California State Employees Association (Cohen)

In the absence of facts showing that its decision was made for arbitrary, discriminatory or bad faith reasons, the reassessment of the merits of the grievance does not establish a violation of the duty of fair representation; p. 5, warning letter.

Although union representative may have abandoned charging party when she left her employment with the union, her departure is not shown to have caused charging party to forfeit her grievances due to lapse of time or other circumstances; p. 5, warning letter. Failure to notify charging party of the departure of the union representative amounts at most to negligence; p. 5, warning letter. The filing of a grievance does not bind the union to proceed with it through all steps of the process.

Union has no duty under the Dills Act to accurately advise an employee concerning rights and duties pertaining to the exercise of legal remedies outside the collective bargaining agreement; p. 6, warning letter. PERB has no jurisdiction where union promised to represent an employee before the State Personnel Board or other state agencies, and then negligently forfeited charging party's rights. Any recourse would be before the courts; p. 6, warning letter.

Although union representative may have abandoned charging party when she left her employment with the union, her departure is not shown to have caused charging party to forfeit her grievances due to lapse of time or other circumstances; p. 5, warning letter. Failure to notify charging party of the departure of the union representative amounts at most to negligence; p. 5, warning letter.