Decision 1111E – Los Rios College Federation of Teachers (Sander)
S-CO-321-332, 334-335
Decision Date: July 21, 1995
Decision Type: PERB Decision
Description: Union violated its duty of fair representation in handling employees’ grievances.
Disposition: Dismissed for failure to state a prima facie case and identify grounds for appeal.
Perc Vol: 19
Perc Index: 26111
Decision Headnotes
800.01000 – In General; Prima Facie Case
In order to prove a violation of the duty of fair representation, the charging parties must show that the employee organization's conduct was arbitrary, discriminatory or in bad faith (citation); p. 15, proposed dec. Disparaging remarks about an employee to an employer by the exlusive representative lend support to an inference of unlawful motivation, but the statements themselves do not constitute an independent violation of EERA; p. 18, proposed dec. Duty of fair representation does not extend to pre-collective bargaining agreement events; p. 21, proposed dec. There is no duty of fair representation owed to a unit member unless the exclusive representative possesses the exclusive means by which such employee can obtain a particular remedy (citation); id., p. 22. Allegations of violation of general CBA provisions are insufficient to such employee can obtain a particular remedy (citation); id., p. 22. Allegations of violation of general CBA provisions are insufficient to
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board does not consider charging parties' exception because they fail to comply with PERB Regulation 32300; p. 4.
1405.02000 – Type or Nature of Prior Proceeding
Collateral estoppel bars relitigation of longevity pay grievance that was already decided in a prior PERB proceeding under application of 3-part test for collateral estoppel (citation); p. 20, proposed dec.
1503.03000 – Regulations Considered (By Number) (Continued)
The Board does not consider charging parties' exception because they fail to comply with PERB Regulation 32300; p. 4.