Decision 1132E – American Federation of Teachers College Staff Guild, Local 1521 (Mrvichin)
LA-CO-625
Decision Date: January 11, 1996
Decision Type: PERB Decision
Description: Union violated its duty of fair representation in handling employee’s grievances and by withdrawing representation during dismissal proceedings.
Disposition: Dismissed. No violation found.
Perc Vol: 20
Perc Index: 27027
Decision Headnotes
800.01000 – In General; Prima Facie Case
The exclusive representative may withdraw from representation if it feels that its client is not following its advice and acting independently in a manner which undermines that representation process. This is not arbitrary, discriminatory or bad faith conduct. Correspondingly, an employee may terminate his relationship with the exclusive representative if he feels that it is not acting in his best interest.
800.02000 – Grievance Handling/Contract Administration
The exclusive representative may withdraw from representation if it feels that its client is not following its advice and acting independently in a manner which undermines that representation process. This is not arbitrary, discriminatory or bad faith conduct. Correspondingly, an employee may terminate his relationship with the exclusive representative if he feels that it is not acting in his best interest.
800.04000 – Scope of Duty; Internal Union Affairs
The personnel commission and its rules are outside the collective bargaining process and the exclusive representative does not possess the exclusive means by which an employee can obtain a particular remedy. The exclusive representative, therefore, had no duty to represent the employee before the personnel commission; p. 16, proposed dec. The exclusive representative may withdraw from representation if it feels that its client is not following its advice and acting independently in a manner which undermines that representation process. This is not arbitrary, discriminatory or bad faith conduct. Correspondingly, an employee may terminate his relationship with the exclusive representative if he feels that it is not acting in his best interest. interest.