Decision 1200E – San Jose Community College Faculty Association (Maestas-Flores)

SF-CO-513

Decision Date: June 2, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28108

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.