Decision 1118E – Alum Rock Education Association (Kirkaldie)

SF-CO-470

Decision Date: October 4, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26143

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.