Decision 1384E – San Bernardino Teachers Association, CTA/NEA (Mitchell)

LA-CO-820

Decision Date: May 11, 2000

Decision Type: PERB Decision

Description: Employee appealed Board agent’s dismissal of an unfair practice charge alleging that the Association breached the duty of fair representation in handling the employee’s grievances.

Disposition: Dismissed. Facts did not demonstrate that union’s handling of grievances was without rational basis or devoid of honest judgment.

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Perc Vol: 24
Perc Index: 31096

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

No DFR where union failed to pursue employee's theories. Union made clear it felt reassignment wasn't discriminatory and provided its reasoning. Employee's argument that union failed to provide a clear legally sound explanation for its position does not provide facts showing arbitrary, discriminatory or bad faith by the union.