Decision 1142E – Los Rios College Federation of Teachers (Lowman)

S-CO-347

Decision Date: February 29, 1996

Decision Type: PERB Decision

Description: Union violated its duty of fair representation in handling employee’s grievances and by discussing employee’s unfair practice charges in union newspaper articles.

Disposition: Dismissed for failure to state a prima facie case.

View Full Text (PDF)

Perc Vol: 20
Perc Index: 27058

Decision Headnotes

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

A union is not required to process a grievance to any level if it has a reasonable belief that the claim is meritless; p. 2, dismissal letter.

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

Union statements published in the union newspaper that do not appear to have a substantial impact on the charging party's relationship with his employer, do not state a prima facie violation of the duty of fair representation; p. 1, warning letter. Speech activity by the union is accorded generous protection so long as it is related to matters of legitimate concern; the expression of views or opinion does not evidence an unfair practice unless there is a threat of reprisal or promise of benefit; p. 2, warning letter.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.01000 – In General

Speech activity by the union is accorded generous protection so long as it is related to matters of legitimate concern; the expression of views or opinion does not evidence an unfair practice unless there is a threat of reprisal or promise of benefit; p. 2, warning letter.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.05000 – Union Threats; Violence

Speech activity by the union is accorded generous protection so long as it is related to matters of legitimate concern; the expression of views or opinion does not evidence an unfair practice unless there is a threat of reprisal or promise of benefit; p. 2, warning letter.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

32210. Board did not consider declaration filed by non-party in support of charging party's unfair practice charge because it failed to satisfy the requirements of Reg. 32210 for filing an informational brief with the Board; p. 2.