Decision 1111E – Los Rios College Federation of Teachers (Sander)

S-CO-321-332, 334-335

Decision Date: July 21, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26111

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.