Decision 1109E – American Federation of Teachers College Guild, Local 1521 (Saxton)
LA-CO-633
Decision Date: May 31, 1995
Decision Type: PERB Decision
Description: Union violated its duty of fair representation by urging the District to take administrative action against employee and retaliated against employee for her exercise of protected activity.
Disposition: Dismissed. No violation found.
Perc Vol: 19
Perc Index: 26103
Decision Headnotes
800.01000 – In General; Prima Facie Case
Allegation that employee organization representative breached its duty to fairly represent member based on representative's statement that she was pleased at no longer having to represent member did not constitute violation; pp. 10-11, proposed dec. Burden is upon charging party to show how union abused its discretion and not on union to show that it properly exercised it; p. 11, proposed dec. No obligation on union to provide employee with a representative of her choice as selection is an internal union matter not subject to DFR. Nor is failure to provide a certain representative an adverse action.
800.02000 – Grievance Handling/Contract Administration
Employee organization's handling of grievance and declining to take grievances to arbitration do not violate duty of fair representation unless it can be shown that the conduct was without rational basis or devoid of honest judgment; p. 11, proposed dec. Burden is upon charging party to show how union abused its discretion and not on union to show that it properly exercised it; p. 11, proposed dec. Allegation that employee organization representative breached its duty to fairly represent member based on representative's statement that she was pleased at no longer having to represent member did not constitute violation; pp. 10-11, proposed dec. No obligation on union to provide employee with a representative of her choice as selection is an internal union matter not subject to DFR. Nor is failure to provide a certain representative an adverse her choice as selection is an internal union matter not subject to DFR. Nor is failure to provide a certain representative an adverse
800.05000 – Mode or Adequacy of Representation/Advocacy
No obligation on union to provide employee with a representative of her choice as selection is an internal union matter not subject to DFR. Nor is failure to provide a certain representative an adverse action.
801.01000 – In General
No obligation on union to provide employee with a representative of her choice as selection is an internal union matter not subject to DFR. Nor is failure to provide a certain representative an adverse action.
801.08000 – Other
No obligation on union to provide employee with a representative of her choice as selection is an internal union matter not subject to DFR. Nor is failure to provide a certain representative an adverse action.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
32135. Those portions of the appeal that don't comply with this regulation were not considered by the Board.
1503.03000 – Regulations Considered (By Number) (Continued)
32135. Those portions of the appeal that don't comply with this regulation were not considered by the Board.