Decision 1275E – Los Rios College Federation of Teachers (Deglow)
SA-CO-385
Decision Date: July 20, 1998
Decision Type: PERB Decision
Description: Employee appealed dismissal of her unfair practice charge against the Union for breaching its duty of fair representation by agreeing to contract language limiting individual grievant’ s right ta representation at grievance meetings.
Disposition: Dismissed. Employee felled to establish prima facie case..
Perc Vol: 22
Perc Index: 29125
Decision Headnotes
300.04000 – Individual/Concerted/Activities/Self-Representation
In order to establish a prima facie case of unlawful interference, the charging party must establish that the respondent's conduct tends to or does result in some harm to employee rights granted under EERA. On its face, the statutory right of self-representation falls short of the right to resort to the arbitration process. Under the statute and Board precedent, this contractual limitation does not violate charging party's section 3543 rights, and this allegation must be dismissed.
300.05000 – Grievances
In order to establish a prima facie case of unlawful interference, the charging party must establish that the respondent's conduct tends to or does result in some harm to employee rights granted under EERA. On its face, the statutory right of self-representation falls short of the right to resort to the arbitation process. Under the statute and Board precedent, this contractual limitation does not violate charging party's section 3543 rights, and this allegation must be dismissed.
800.05000 – Mode or Adequacy of Representation/Advocacy
Exclusive representative does not breach the duty of fair representation by refusing to provide an employee with the representative or counsel of her choice.
801.01000 – In General
In order to establish a prima facie case of unlawful interference, the charging party must establish that the respondent's conduct tends to or does result in some harm to employee rights granted under EERA. On its face, the statutory right of self-representation falls short of the right to resort to the arbitation process. Under the statute and Board precedent, this contractual limitation does not violate charging party's section 3543 rights, and this allegation must be dismissed. Federation's agreement to contract language which denies employees the right to have a representative of the employee's choice in grievance meetings fails to state a prima facie violation.
1205.04000 – Attorneys Fees and Costs
The charging party had not engaged in the kind of "repeated presentation of charges" which are "virtually identical in content" to issues previously raised by her before the Board. Thus, charging party has not engaged in conduct which is "without arguable merit, frivolous, vexatious, dilatory, pursued in bad faith or otherwise an abuse of process." The request for sanctions in this case is denied.