Decision 1193E – Berkeley Federation of Teachers (Lavan)

SF-CO-510

Decision Date: April 29, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28088

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
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.