Decision 1269E – United Faculty Association of North Orange County Community College District (Kiszley)

To demonstrate a violation of EERA section 3543.6(b), the charging party must show that the Union's conduct was arbitrary, discriminatory or in bad faith; p. 5, dismissal letter; p. 3, warning letter. No violation where union refused to take grievances to arbitration and explained its decision. No violation where union took case to arbitration and the arbitrator dismissed the case because it concerned a statutory notice. It was unsettled in the law whether such cases could be artitrated; p. 5, warning letter.

EERA section 3541.5(a)(2) the statute of limitations period may be tolled during the time it took the charging party to exhaust the grievance machinery, does not provide for tolling grievances filed against the employer when the charge is against the union; p. 1, dismissal letter.