Decision 1199S – California State Employees Association (Carrillo)

SA-CO-189-S

Decision Date: May 14, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28099

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

The Board's analysis of discrimination and duty of fair representation under Dills is the same as under EERA.

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

Duty of fair representation does not extend to fora such as a Coleman hearing or writ of mandate where exclusive representative does not possess exclusive means by which employee can obtain remedy; p. 2, warning letter. Union did not violate duty of fair representation where it refused to represent charging party after she rejected settlement agreement procured by the union; p. 6, warning letter. CSEA's stalling in handling grievance and failure to apprise you of status was insufficient; p. 7, dismissal letter. Negligent failure to file appeal in a timely manner insufficient to state prima facie case for violation of duty of fair representation; p. 6, warning letter. The Board's analysis of discrimination and duty of fair representation under Dills is the same as under EERA. The Board's analysis of discrimination and duty of fair representation under Dills is the same as under EERA.

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

No discrimination where charging party fails to allege facts establishing connection between protected activity and adverse action taken by union; p. 9, dismissal letter. The Board's analysis of discrimination and duty of fair representation under Dills is the same as under EERA.