Decision 1241E – Los Rios College Federation of Teachers (Deglow)
Decision Date: December 9, 1997
Decision Type: PERB Decision
Description: Employee appealed dismissal of unfair practice charge alleging Union violated its duty of fair representation.
Disposition: Dismissed. Employee failed to show Union discriminated against her.
Perc Vol: 22
Perc Index: 29028
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.
800.02000 – 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.