Decision 1208E – Los Rios College Federation of Teachers (Bernath)

SA-CO-384

Decision Date: June 23, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28121

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.