Decision 1276E – United Teachers-Los Angeles (Reilly)

LA-CO-751

Decision Date: July 23, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29126

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.