Decision 1302E – Coachella Valley Federation of Teachers, California Federation of Teachers/American Federation of Teachers (Kok)
Decision Date: December 11, 1998
Decision Type: PERB Decision
Description: Employee appealed Board agent’s dismissal of his unfair practice charge against the Union for breaching its duty of fair representation by failing to assist him in processing a grievance to arbitration.
Disposition: Dismissed. Charge untimely.
Perc Vol: 23
Perc Index: 30026
800.02000 – Grievance Handling/Contract Administration
A union is not required to take a grievance to arbitration when the agreement between the district and union has expired; p. 3, dismissal letter; p. 6, warning letter. Successor union does not owe a duty of fair representation to a former employee who ceased being an employee of the district before the new union became the exclusive representative; p. 1, dismissal letter; p. 7, warning letter.
800.04000 – Scope of Duty; Internal Union Affairs
Exclusive representative's obligation unclear where employee never asked for union to do anything; pp. 7-8, warning letter.
1101.01000 – In General
Charge filed on July 21, 1997 alleging violation of duty of fair representation under EERA because last contract with exclusive representative was prior to June 1996 did not comport with section 3541.5(a) which provides that PERB shall not issue a complaint in any charge based upon an alleged unfair practice occuring more than six months prior to the filing of the charge; p. 3, dismissal letter.
1101.04000 – Continuing Violation
When first amended charge does not name all the respondents named in original charge, then those parties omitted are no longer respondents. Unserved letters do not constitute amendments to the charge; fn. 1, dismissal letter.