Decision 1108E – California School Employees Association (Chacon)
Decision Date: May 25, 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: 26102
800.01000 – In General; Prima Facie Case
In order to state a prima facie violation of EERA, charging party must prove that the exclusive representative's conduct was arbitrary, discriminatory or in bad faith; p. 3, warning letter.
800.03000 – Negotiations
The duty of fair representation imposed on the exclusive representative extends to grievance handling and negotiations; p. 3, warning letter. 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. 3, 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.