Decision 1238E – Los Rios College Federation of Teachers (Deglow)
SA-CO-383
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 actions were arbitrary, discriminatory or in bad faith. Board reversed award of litigation costs against employee.
Perc Vol: 22
Perc Index: 29021
Decision Headnotes
800.01000 – In General; Prima Facie Case
No prima facie case for breach of the duty of fair representation, where charge fails to allege facts showing how or in what manner the exclusive representative failed to pursue grievance for arbitrary, discriminatory, or bad faith reasons; p. 4, warning letter.
800.02000 – Grievance Handling/Contract Administration
No prima facie case for breach of the duty of fair representation, where union failed to pursue grievance because of District's attorney and refused to pursue grievance even after attorney left the District and swiftly denied request to pursue the grievance; p. 5, warning letter.
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.
1205.04000 – Attorneys Fees and Costs
Board reverses agent's finding of litigation costs because it is inappropriate.
1405.01000 – In General
Doctrine of collateral estoppel precludes Board from issuing complaint where charge raises issues identical to those dismissed in earlier charge involving the same parties; p. 7, warning letter.