Decision 1223E – East Side Teachers Association, CTA/NEA (Hernandez)

SF-CO-525

Decision Date: October 20, 1997

Decision Type: PERB Decision

Description: Employee appealed dismissal of unfair practice charge against union for failing to assist him with a grievance.

Disposition: Dismissed. Employee failed to show Union decision on arbitrating grievance was unreasonable or devoid of rational basis.

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Perc Vol: 21
Perc Index: 28164

Decision Headnotes

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

Union's duty of fair representation is limited to contractually based remedies under the union's exclusive control (San Francisco Classroom Teachers Association (Chestangue) (1985) PERB Decision No. 544); p. 3, warning letter. Union does not have obligation to notify an employee that noncontractual remedy exists (University Council, AFT (Ning-Ping Chan) (1994) PERB Decision No. 1062-H); p. 4, warning letter.