Decision 1237E – Los Rios College Federation of Teachers (Deglow)
SA-CO-382
Decision Date: December 2, 1997
Decision Type: PERB Decision
Description: Employee appealed dismissal of unfair practice charge alleging Union breached its duty of fair representation in handling her grievance.
Disposition: Dismissed. Employee failed to show Union conduct arbitrary, discriminatory or in bad faith. Board reversed award of litigation costs against employee.
Perc Vol: 22
Perc Index: 29020
Decision Headnotes
504.01000 – Prior Employer Unfair Practices; Prior History of Confrontation/Strife/Discord
Union's request for sanctions against charging party is not a finding of discrimination.
800.02000 – Grievance Handling/Contract Administration
Even if union admits previously filing nonmeritorious grievances, refusal to file charging party's grievance is not arbitrary, capricious or discriminatory. Especially considering that prior refusal of the union to file the same grievance was found by the Board to not violate DFR.
801.01000 – In General
Where charge does not contain factual allegations showing nexus between charging party's protected activity and exclusive representative's conduct, charge fails to state a prima facie case for discrimination/reprisal; p. 2, dismissal letter.
801.08000 – Other
Union's request for sanctions against charging party is not a finding of discrimination.