Decision 1109E – American Federation of Teachers College Guild, Local 1521 (Saxton)

LA-CO-633

Decision Date: May 31, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26103

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
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.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.