Decision 1350E – Los Rios College Federation of Teachers (Deglow)

SA-CO-424

Decision Date: September 29, 1999

Decision Type: PERB Decision

Perc Vol: 23
Perc Index: 30170

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.03000 – Departure from Past Practices or Procedures

A finding of disparate treatment is a finding that others have been treated differently for similar or identical conduct or in a similar situation. Union's pursuit of other grievances under the same article not disparate treatment unless facts underlying the grievances are the same. (See, e.g., Belridge School District (1980) PERB Decision No. 157.)

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.01000 – In General

In analyzing allegations of discrimination violating the duty of fair representation, the Board follows the principles applicable for violations of EERA section 3543.5(a), a parallel provision prohibiting employer interference and reprisals. (Service Employees International Union, Local 99(Kimmett) (1979) PERB Decision No. 106, at p. 13.)