Decision 1322E – San Juan Teachers Association, CTA/NEA (Himes, et al.)
Decision Date: April 8, 1999
Decision Type: PERB Decision
Description: Employees appealed Board agent’s dismissal of their unfair practice charge alleging the Union violated EERA by its behavior surrounding negotiations of a new CBA.
Disposition: Dismissed. Employees failed to state a prima facie case of a violation of the Union’s duty of fair representation.
Perc Vol: 23
Perc Index: 30093
800.03000 – Negotiations
Charging Parties learned of the negotiated changes affecting them prior to contract ratification and several resource teachers met with Association representatives and expressed their concerns with the proposed contract terms. The Association responded that negotiations were complete and that further input was not permitted. The Association held two informational meetings prior to the ratification vote. Under the rule in Oxnard, the opportunity to comment at the informational meetings and vote against ratification of the contract is sufficient to meet the duty of fair representation. A union's failure to provide adequate information concerning a tentative agreement during ratification proceedings is not deemed a violation of the duty of fair representation. While a union's intentional misrepresentation of fact in order to ensure contract ratification would demonstrate bad faith, the charge While a union's intentional misrepresentation of fact in order to ensure contract ratification would demonstrate bad faith, the charge fails to state a prima facie violation of the duty of fair representation and must be dismissed.