Decision 1200E – San Jose Community College Faculty Association (Maestas-Flores)
Decision Date: June 2, 1997
Decision Type: PERB Decision
Description: Employee appealed dismissal of her charge that union failed to fairly represent her.
Disposition: Dismissed. Employee felled to demonstrate that union violated its duty of fair representation.
Perc Vol: 21
Perc Index: 28108
800.02000 – Grievance Handling/Contract Administration
Union may exercise its discretion to determine how far to pursue a grievance in employee's behalf as long as it does not arbitrarily ignore a meritorious grievance or process a grievance in a perfunctory fashion (citation); p. 6, warning letter.
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 that the exclusive representative's conduct was arbitrary, discriminatory or in bad faith (citations); p. 5, warning letter.
1101.03000 – Computation of Six-Month Period
EERA section 3541.5(a)(1) bars the issuance of a complaint for acts that occurred more than six months prior to filing of charges; p. 4, warning letter. Six-month period commences to run when the charging party knew or should have known of the conduct giving rise to the alleged unfair practice; p. 4, warning letter. Reasonable person would not have waited nine months after making inquiry to discover that union did not intend to respond to request; p. 4, warning letter. Untimely charge is not revived by request for status report during statutory period; p. 2, dismissal letter; p. 5, warning letter.