Decision 1128E – Oakland Education Association (Bennett)

SF-CO-465

Decision Date: December 8, 1995

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27016

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

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