Decision 1384E – San Bernardino Teachers Association, CTA/NEA (Mitchell)
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.
Perc Vol: 24
Perc Index: 31096
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.