Decision 1241E – Los Rios College Federation of Teachers (Deglow)

SA-CO-387

Decision Date: December 9, 1997

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29028

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

Violation of the duty of fair representation occurs when an exclusive representative union exhibits arbitrary, discriminatory or bad faith conduct toward a union member in representing that member in a matter arising out of the collective bargaining relationship; p. 3, warning letter.

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

PERB will dismiss a charge that the duty of fair representation has been breached by a refusal to take a grievance to arbitration if the union makes a reasonable determination that the grievance lacks merit. In making this determination, the Board does not determine whether the union's assessment was correct, but only whether that determination had a rational basis or was based on reasons that were arbitrary or based upon invidious discrimination; p. 4, warning letter.