Decision 1212E – California School Employees Association, Chapter 413 (Gonzalez)

LA-CO-734

Decision Date: June 24, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28123

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

The exclusive representative's refusal to represent the employee does not establish a prima facie showing of a duty of fair representation because the charging party must establish sufficient facts showing that the exclusive representative's inaction was without rational basis or devoid of honest judgment; p. 3, dismissal letter; p. 3 warning letter.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

The duty of fair representation extends to grievance handling, but the charge failed to state a prima facie violation because it did not present any facts showing that the exclusive representative acted in an arbitrary, discriminatory or bad faith manner in handling the grievance or deciding not to pursue the grievance; p. 3, warning letter.