Decision 1237E – Los Rios College Federation of Teachers (Deglow)

SA-CO-382

Decision Date: December 2, 1997

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29020

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
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.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.08000 – Other

Union's request for sanctions against charging party is not a finding of discrimination.