Decision 1128E – Oakland Education Association (Bennett)
Decision Date: December 8, 1995
Decision Type: PERB Decision
Description: Union violated its duty of fair representation in handling employee’s grievance.
Disposition: Dismissed as untimely and for failure to state a prima facie case.
Perc Vol: 20
Perc Index: 27016
800.02000 – Grievance Handling/Contract Administration
No showing that the union refused to process a meritorious grievance for arbitrary, discriminatory, or bad faith reasons. A union is not required to file a grievance upon request of an employee but is permitted discretion in whether to process a potential grievance based on the strength of the case; No violation where union heard complaint and made several attempts to investigate. No evidence that negative input played a role; p. 7, warning letter.
1101.01000 – In General
The allegation that the union refused to file a grievance on behalf of the charging party occurred more than six months prior to the filing of the charge. Therefore, PERB lacks authority to issue a complaint concerning this allegation; p. 6, warning letter.