Decision 1147E – Mt. San Jacinto College Faculty Association (Vasek)

LA-CO-664

Decision Date: March 15, 1996

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27064

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

In order to state a prima facie violation of the duty of fair representation, charging party must show specifically what was requested of the union, what the union did, the contractual basis for the grievance and that the exclusive representative's conduct was arbitrary, discriminatory or in bad faith (citations); pp. 2-3, warning letter. Duty of fair representation does not require an exclusive representative to advise an employee accurately concerning rights and duties pertaining to the exercise of legal remedies outside of the collective bargaining agreement including the existence of EERA and PERB; p. 2, warning letter.

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

Union may exercise its discretion to determine how far to pursue a grievance in the employee's behalf as long as it does not arbitrarily ignore a meritorious grievance or process a grievance in a perfunctory fashion; p. 3, warning letter.

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

Duty of fair representation does not require an exclusive representative to advise an employee accurately concerning rights and duties pertaining to the exercise of legal remedies outside of the collective bargaining agreement including the existence of EERA and PERB; p. 2, warning letter.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Charging party's lack of awareness of the EERA or PERB does not give PERB authority over conduct that precedes the statute of limitations period.