Decision 1193E – Berkeley Federation of Teachers (Lavan)
Decision Date: April 29, 1997
Decision Type: PERB Decision
Description: Employee appealed dismissal of her charge that union failed to fairly represent her.
Disposition: Dismissed. Employee failed to demonstrate that union violated its duty of fair representation.
Perc Vol: 21
Perc Index: 28088
800.04000 – Scope of Duty; Internal Union Affairs
Duty of fair representation is limited to contractually based remedies under respondent's exclusive control. Union not obligated to represent employee bringing DFEH/discrimination charge; p. 2, dismissal letter.
801.01000 – In General
Charge must allege facts establishing how employee organization's handling of situation is contrary to its duty; p. 2 [citations] warning letter. Duty of fair representation is limited to contractually based remedies under respondent's exclusive control (California Union of Safety Engineers (John) (1995) PERB Decision No. 1064-S; p. 2, dismissal letter.