Decision 1097E – California School Employees Association (Marquez)
LA-CO-642
Decision Date: May 3, 1995
Decision Type: PERB Decision
Description: Union violated its duty of fair representation when it negotiated terms contrary to the interests of the employee.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 19
Perc Index: 26088
Decision Headnotes
800.02000 – Grievance Handling/Contract Administration
An exclusive representative is not expected or required to satisfy all members of the unit it represents, and the duty of fair representation does not mean that an exclusive representative is barred from making contracts which may have unfavorable effects on some members; p. 4, warning letter. Even poor judgment on the union's part would not be enough to establish a violation of its duty of fair representation; p. 4, warning letter.
800.03000 – Negotiations
Determination not to seek ratification must be arbitrary, discriminatory or in bad faith to establish a DFR violation.
800.05000 – Mode or Adequacy of Representation/Advocacy
An exclusive representative is not expected or required to satisfy all members of the unit it represents, and the duty of fair representation does not mean that an exclusive representative is barred from making contracts which may have unfavorable effects on some members; p. 4, warning letter. Even poor judgment on the union's part would not be enough to establish a violation of its duty of fair representation; p. 4, warning letter.