Decision 1099S – California State Employees Association (Fox)

S-CO-167-S

Decision Date: May 4, 1995

Decision Type: PERB Decision

Description: Union violated its duty of fair representation in handling employee’s grievance and in falling to pay for legal representation before the State Personnel Board.

Disposition: Dismissed for failure to state a prima facie case.

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Perc Vol: 19
Perc Index: 26091

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

The union had no obligation to file an unfair practice charge on behalf of the employee against the employer; p. 2, dismissal letter. The union has no obligation to represent the charging party before the State Personnel Board. The union's denial of financial assistance to hire private counsel for representation before the SPB is outside the duty of fair representation; p. 2, warning letter.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

The union has no obligation to represent the charging party before the State Personnel Board. The union's denial of financial assistance to hire private counsel for representation before the SPB is outside the duty of fair representation; p. 2, warning letter.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

The union had no obligation to file an unfair practice charge on behalf of the employee against the employer; p. 2, dismissal letter.