Decision 1132E – American Federation of Teachers College Staff Guild, Local 1521 (Mrvichin)

LA-CO-625

Decision Date: January 11, 1996

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27027

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.