Decision 1220E – Duarte Unified Education Association (Fox)
LA-CO-712
Decision Date: September 26, 1997
Decision Type: PERB Decision
Description: Employee appealed proposed decision dismissing his complaint and unfair practice charge against the Union for breaching its duty of fair representation under EERA.
Disposition: Dismissed. No breach of duty found as Union representation strategy complained of was not arbitrary, discriminatory or in bad faith.
Perc Vol: 21
Perc Index: 28160
Decision Headnotes
800.02000 – Grievance Handling/Contract Administration
The Charging Party failed to show that the exclusive representative acted without a rational basis or honest judgment when the representative's strategy at a meeting with the employer was to listen rather than speak; p. 21, proposed decision. A failure to return an employee's phone call, standing alone, does not demonstrate a violation of the duty of fair representation; p. 23, proposed decision.
800.05000 – Mode or Adequacy of Representation/Advocacy
The Charging Party failed to show that the exclusive representative acted without a rational basis or honest judgment when the representative's strategy at a meeting with the employer was to listen rather than speak; p. 21, proposed decision.
1101.01000 – In General
A statement made more than six months prior to the filing of the charge cannot be considered as a separate violation because it falls outside the statute of limitations; p. 21, proposed decision.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board grants great deference to the ALJ's credibility determinations because the ALJ, who conducts the hearing, is in a better position to make accurate credibility resolutions; Absent any evidence in the record to support overturning the ALJ's findings; p. 3.
1107.04000 – Unalleged Violations
An appeal containing no explanation of good cause for presenting allegations for the first time on appeal cannot be considered by the Board; p. 4. The Board per Reg. 32635(b) will not consider new allegations (not raised in charge, complaint or at hearing) on appeal absent good cause; p. 4.
1503.03000 – Regulations Considered (By Number) (Continued)
Reg. 32635(b) prohibits the Board from considering new allegations (not raised in charge, complaint or at hearing) on appeal absent good cause; p. 4.