Decision 1133E – Los Rios College Federation of Teachers (Deglow)

S-CO-314

Decision Date: January 19, 1996

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 20
Perc Index: 27029

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

The exclusive representative has considerable discretion in the representation of employees within the grievance procedure. The Board has found that this discretion includes the exclusive representative's ability to decide in good faith that even a meritorious employee grievance should not be pursued; p. 6. Absent some compelling reason, a union is free to allocate its resources as it sees fit; p. 16, proposed dec. A union is not required to process a grievance if the chances of success are minimal; p. 17, proposed dec. The exclusive representative owes no duty of fair representation in matters which occurred before it became the exclusive representative; p. 20, proposed dec.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.03000 – Negotiations

The exclusive representative is not obligated to bargain a particular item benefitting certain unit members; p. 19, proposed dec.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

The exclusive representative owes no duty of fair representation in matters which occurred before it became the exclusive representative; p. 20, proposed dec.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

The Board grants great deference to the credibility determinations made by its ALJs. By virtue of having witnessed the live testimony the ALJ is in a better position to accurately make such determinations that the Board itself. Where there is no evidence in the record which supports overturning such credibility determinations, the Board will defer to the ALJ's findings; p. 6.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.04000 – Attorneys Fees and Costs

The Board will award attorneys fees and costs where a case is without arguable merit, frivolous, vexatious, dilatory, pursued in bad faith or is otherwise an abuse of process. Attorney fees will be denied if the issues are debatable and brought in good faith; p. 7. The Board is reluctant to order the payment of litigation expenses by employees who are representing themselves in PERB proceedings, because to do so might tend to discourage the legitimate pursuit of unfair practice charges; p. 7. The repeated representation of charges based on circumstances which have been considered by the Board in related cases previously suggests an abuse of process; p. 7.

1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
1405.01000 – In General

The doctrine of collateral estoppel prohibits the charging party from complaining about the duty of fair representation when the same issue has been previously litigated before a PERB ALJ and is the subject of a final hearing officer decision; p. 18, proposed dec.