Decision 1089E – California School Employees Association (Hare)
S-CO-310
Decision Date: March 13, 1995
Decision Type: PERB Decision
Description: Union violated its duty of fair representation in handling employee’s grievance.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 19
Perc Index: 26067
Decision Headnotes
1503.03000 – Regulations Considered (By Number) (Continued)
One-sentence appeal of partial dismissal fails to comply with PERB Regulation 32635 because it: (1) merely restates the charging party's argument that was considered by the Board agent and discussed in the dismissal letter; and (2) does not identify which portions of the dismissal are being challenged; and (3) fails to state the grounds on which reversal would be justified; p. 5.
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Deferral to arbitration does not apply to agreements between an employee and an employee organization.
1102.01000 – Pre-Arbitration
Deferral to arbitration does not apply to agreements between an employee and an employee organization.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
One-sentence appeal of partial dismissal fails to comply with PERB Regulation 32635 because it: (1) merely restates the charging party's argument that was considered by the Board agent and discussed in the dismissal letter; and (2) does not identify which portions of the dismissal are being challenged; and (3) fails to state the grounds on which reversal would be justified; p. 5.
800.01000 – In General; Prima Facie Case
Even if collective bargaining agreement gives union member right to arbitrate his own grievance, union's refusal to allow member to exercise that right does not state a prima facie violation of EERA. Under EERA section 3543, once the employee requests the union to pursue his/her grievance to arbitration, pursuit of the grievance is within the sole discretion of the union (Chaffey Joint Union High School District (1982) PERB Decision No. 202); pp. 2-3, warning letter.
800.02000 – Grievance Handling/Contract Administration
Even if collective bargaining agreement gives union member right to arbitrate his own grievance, union's refusal to allow member to exercise that right does not state a prima facie violation of EERA. Under EERA section 3543, once the employee requests the union to pursue his/her grievance to arbitration, pursuit of the grievance is within the sole discretion of the union (Chaffey Joint Union High School District (1982) PERB Decision No. 202); pp. 2-3, warning letter.