Decision 1348E – Los Rios College Federation of Teachers (Deglow)
Decision Date: September 29, 1999
Decision Type: PERB Decision
Perc Vol: 23
Perc Index: 30168
504.03000 – Departure from Past Practices or Procedures
Union's failure to file grievance not disparate treatment because the CBA Specifically envisions the situation presented in this case and permits individual grievants to proceed without Federation assistance. Accordingly, charging party has failed to establish that her protected activity motivated the federation's decision not to challenge her assignment to teach a certain course.
800.01000 – In General; Prima Facie Case
No violation because the facts do not demonstrate that the federation's investigation was inadequate or that the federation's decision to represent charging party in 1994 demonstrated a shifting or inconsistent justification for its decision not to represent charging party in grievance.
805.01000 – In General
Union's failure to file a grievance is not an affirmative act which is required to demonstrate an attempt to cause an employer to violate the act.