Decision 1065E – San Jose Teachers Association (Allen)
SF-CO-458
Decision Date: November 4, 1994
Decision Type: PERB Decision
Description: Union violated its duty of fair representation in handling employee’s grievance.
Disposition: Dismissed in part as untimely filed and for failure to state a prima facie case.
Perc Vol: 19
Perc Index: 26007
Decision Headnotes
800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration
800.02000 – Grievance Handling/Contract Administration
Charging party failed to establish that the union's decision to withdraw the grievance from arbitration was without a rational basis, devoid of honest judgment, or was otherwise made for arbitrary, discriminatory or bad faith reasons; p. 6, warning letter.
1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period
1101.03000 – Computation of Six-Month Period
The six-month period commences to run when the charging party knew or should have known of the conduct giving rise to the alleged unfair practice; p. 5, warning letter.