Decision 1147E – Mt. San Jacinto College Faculty Association (Vasek)
LA-CO-664
Decision Date: March 15, 1996
Decision Type: PERB Decision
Description: Union violated its duty of fair representation in handling an employee’s grievance.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 20
Perc Index: 27064
Decision Headnotes
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.
800.02000 – 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.
800.04000 – 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.
1101.01000 – 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.