Decision 1276E – United Teachers-Los Angeles (Reilly)
LA-CO-751
Decision Date: July 23, 1998
Decision Type: PERB Decision
Description: Employee appealed dismissal of his unfair practice charge against the Union for breaching its duty of fair representation by not arbitrating grievance.
Disposition: Dismissed·. Employee failed to establish that Union’s decision was arbitrary, discriminatory or in bad faith.
Perc Vol: 22
Perc Index: 29126
Decision Headnotes
800.01000 – In General; Prima Facie Case
Union did not breach duty of fair representation when it pursued grievance to the point of arbitration and sent certified letter to inform grievant of Union's decision not to proceed with arbitration and of procedure to appeal that decision even though charging party did not receive the letter; p. 3, warning letter. Despite allegations of several disagreements between Union and grievant, charge fails to allege facts demonstrating that Union actions were arbitrary, discriminatory, or in bad faith; pp. 3-4, warning letter.
800.02000 – Grievance Handling/Contract Administration
Duty of fair representation imposed by EERA section 3544.9 applies to grievance handling; p. 2, warning letter. Union did not breach duty of fair representation when it pursued grievance to the point of arbitration and sent certified letter to inform grievant of decision not to proceed with arbitration and of procedure to appeal Union's decision not to seek arbitration even though charging party did not receive the letter; p. 3, warning letter. Despite allegations of several disagreements between Union and grievant, charge fails to allege facts demonstrating that Union actions were arbitrary, discriminatory, or in bad faith; pp. 3-4, warning letter.