Decision 1208E – Los Rios College Federation of Teachers (Bernath)
SA-CO-384
Decision Date: June 23, 1997
Decision Type: PERB Decision
Description: Employee appealed dismissal of his charge that union failed to fairly represent him.
Disposition: Dismissed. Employee failed to demonstrate that union violated its duty of fair representation.
Perc Vol: 21
Perc Index: 28121
Decision Headnotes
800.01000 – In General; Prima Facie Case
Two year old newsletter referring to charging party's earlier protected activity is insufficient to establish that union's failure to pursue grievance to second level was discriminatory; pp. 3-4, warning letter. Mere fact that union successfully pursued similar grievance several years earlier is insufficient to establish lack of rational basis for decision not to pursue present grievance; p. 4, warning letter. Request for sanctions by Respondent is not itself an unlawful act.
800.02000 – Grievance Handling/Contract Administration
Two year old newsletter referring to charging party's earlier protected activity is insufficient to establish that union's failure to pursue grievance to second level was discriminatory; pp. 3-4, warning letter. Mere fact that union successfully pursued similar grievance several years prior is insufficient to establish lack of rational basis for decision not to pursue present grievance; p. 4, warning letter.
801.01000 – In General
Two year old newsletter referring to charging party's earlier protected activity is insufficient to establish that union's failure to pursue grievance to second level was discriminatory; pp. 3-4, warning letter.
1205.04000 – Attorneys Fees and Costs
Board declines to award attorney's fees where pro per charging party had filed two previous unfair practice charges alleging similar, but not identical, facts to those alleged in the instant charge; p. 4, dismissal letter.