Decision 1118E – Alum Rock Education Association (Kirkaldie)
SF-CO-470
Decision Date: October 4, 1995
Decision Type: PERB Decision
Description: Union violated its duty of fair representation in handling employee’s grievance and failing to investigate the District’s expenditure of program specialist salary funds and illegal elimination of program specialist.
Disposition: Dismissed for failure to state a prima facie case and lack of standing.
Perc Vol: 19
Perc Index: 26143
Decision Headnotes
800.01000 – In General; Prima Facie Case
Breach of a duty of fair representation occurs when a union's conduct toward a member of the bargaining unit is arbitrary, discriminatory, or in bad faith; as a threshold matter the facts of the case must strongly support a violation of the collective bargaining agreement; p. 9, warning letter.
800.04000 – Scope of Duty; Internal Union Affairs
The Association's duty of fair representation does not impose a duty to file lawsuits, but is limited to enforcing provisions of the collective bargaining agreement; p. 2, dismissal letter.
1100.01000 – In General/Prima Facie Case
Conclusory statements must be supported by the underlying facts alleged in the charge or the charge will be dismissed; p. 11, warning letter.
1100.03000 – Standing
An individual employee lacks standing to raise a claim of failure to negotiate since PERB has held that the duty to negotiate is a reciprocal one between the exclusive representative and the public school employer; p. 10, warning letter.
1100.08000 – Pleading Requirements
Conclusory statements must be supported by the underlying facts alleged in the charge or the charge will be dismissed; p. 11, warning letter.
1101.03000 – Computation of Six-Month Period
PERB has held that the six-month statute of limitations period commences to run when the charging party knew or should have known of the conduct giving rise to the alleged unfair practice charge; p. 8, warning letter.