Decision 1199S – California State Employees Association (Carrillo)
SA-CO-189-S
Decision Date: May 14, 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: 28099
Decision Headnotes
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.
800.01000 – 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.
801.01000 – 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.