Decision 1217S – California Correctional Peace Officers Association (Horspool)

LA-CO-71-S

Decision Date: September 18, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28146

Decision Headnotes

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

Board will find violation of duty of fair representation only if the exclusive representative's conduct was arbitrary, discriminatory, or in bad faith; p. 3, warning letter. Because exclusive representative has duty to represent all the members of the bargaining unit, a good faith, rational and nondiscriminatory settlement agreement that benefits some unit members and not others does not violate the duty of fair representation; p. 3, dismissal letter.

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

Exclusive representative has considerable discretion in representing employees within the grievance procedure; pp. 2-3, dismissal letter. Because exclusive representative has duty to represent all the members of the bargaining unit, a good faith, rational, and nondiscriminatory settlement agreement that benefits some unit members and not others does not violate the duty of fair representation; p. 3, dismissal letter.