Decision 1220E – Duarte Unified Education Association (Fox)

LA-CO-712

Decision Date: September 26, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28160

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.