Decision 1387E – San Bernardino Teachers Association. CTA/NEA (Cooksey)
LA-CO-808
Decision Date: May 18, 2000
Decision Type: PERB Decision
Description: Employee appealed Board agent’s dismissal of charge alleging that union violated its duty of fair representation.
Disposition: Affirmed. Union’s duty of fair representation is limited to contractually· based remedies under the union’s exclusive control; charge did not show that union had exclusive control over subject of grievance.
Perc Vol: 24
Perc Index: 31099
Decision Headnotes
800.04000 – Scope of Duty; Internal Union Affairs
Union's duty of fair representation is limited to contractually based remedies under the union's exclusive control. Charge did not contain facts to indicate that the exclusive representative possesses exclusive control over enforcement of settlement agreement which was negotiated on charging party's behalf, or of proceedings before Commission on Teacher Credentialing. Although a union has the right to file a lawsuit on behalf of its members under Government Code section 3543.8, such does not bring such lawsuits within the duty of fair representation. The duty is limited to contract based remedies. Where the contract does not contain a provision allowing a grievance alleging violation of a settlement agreement, union did not violate its DFR by not filing grievance.