Decision 1288S – California Association of Professional Scientists (Opong-Mensah)
Decision Date: October 1, 1998
Decision Type: PERB Decision
Perc Vol: 22
Perc Index: 29170
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.
800.05000 – 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.
801.01000 – 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.