Decision 1238E – Los Rios College Federation of Teachers (Deglow)

SA-CO-383

Decision Date: December 2, 1997

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29021

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

801.00000 – 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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.04000 – Attorneys Fees and Costs

Board reverses agent's finding of litigation costs because it is inappropriate.

1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
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.