Decision 1349E – Los Rios College Federation of Teachers (Deglow)

SA-CO-420

Decision Date: September 29, 1999

Decision Type: PERB Decision

Perc Vol: 23
Perc Index: 30169

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

805.00000 – UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT
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.