Decision 1269E – United Faculty Association of North Orange County Community College District (Kiszley)
Decision Date: June 18, 1998
Decision Type: PERB Decision
Description: Employee appealed dismissal of her charge that Union failed to fairly represent her.
Disposition: Dismissed. Employee failed to demonstrate that Union action was arbitrary, discriminatory or in bad faith.
Perc Vol: 22
Perc Index: 29109
800.01000 – In General; Prima Facie Case
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.
1101.06000 – Statutory and Equitable Tolling
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.