Decision 1288S – California Association of Professional Scientists (Opong-Mensah)

SA-CO-205-S

Decision Date: October 1, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29170

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

Union does not owe a duty of fair representation to a unit member in a forum over which the union does not exclusively control the means to a particular remedy such as a Coleman hearing or in Superior Court; p. 2, warning letter; p. 1, dismissal letter.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

Failing to meet with charging party re: Superior Court case, ignoring discovery questions and materials prepared for the case, failing to use proposed witnesses, failing to rebut opposing counsel, failing to introduce certain fact, not sufficient to show DFR.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.01000 – In General

To demonstrate that an exclusive representative discriminated against a charging party in violation of Dills Act section 3519.5(b), the charging party must show that: (1) the unit member exercised rights under the Dills Act; (2) the exclusive representative had knowledge of the exercise of those rights; and (3) the exclusive representative imposed or threatened to impose reprisals, discriminated or threatened to discriminate or otherwise interfered with, restrained or coerced the unit member because of the exercise of those rights, citing Novato; p. 2, dismissal letter.