Decision 1212E – California School Employees Association, Chapter 413 (Gonzalez)
LA-CO-734
Decision Date: June 24, 1997
Decision Type: PERB Decision
Description: Employee requested reconsideration of Board’s decision dismissing her unfair practice charge that Union did not fairly represent her.
Disposition: Request denied for failure to timely file.
Perc Vol: 21
Perc Index: 28123
Decision Headnotes
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.
800.02000 – 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.