Decision 1089E – California School Employees Association (Hare)

S-CO-310

Decision Date: March 13, 1995

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 19
Perc Index: 26067

Decision Headnotes

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

Deferral to arbitration does not apply to agreements between an employee and an employee organization.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.