Decision 1379E – California School Employees Association (Hansen)

LA-CO-789

Decision Date: February 28, 2000

Decision Type: PERB Decision

Description: Employee appealed ALJ’s proposed decision which dismissed allegation that CSEA breached its duty of fair representation and discriminated against employee.

Disposition: Affirmed. Employee failed to show that breach of duty of fair representation had occurred.

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Perc Vol: 24
Perc Index: 31064

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

Charging party failed to prove that CSEA arbitrarily ignored or otherwise mishandled a meritorious grievance; no evidence that charging party asked union to file a grievance on any of the five occasions alleged in the complaint.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

Charging Party did not meet burden of demonstrating CSEA engaged in pattern of conduct that breached DFR. Case distinguished from American Federation of State, County and Municipal Employees, International Council 57 (Dehler) (1996) PERB Decision No. 1152-H.