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

LA-CO-714

Decision Date: June 18, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29109

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.