Decision 1415E – California School Employees Association, Chapter 296 (Morrison)

LA-CO-835

Decision Date: December 7, 2000

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 25
Perc Index: 32020

Decision Headnotes

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

Conversation regarding lack of participation in Union membership meetings standing alone does not constitute sufficient evidence that lack of participation resulted in union acting arbitrary, discriminatory, or in bad faith.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

Union's failure to inform charging party of possibility of filing grievance regarding disciplinary action at the informal stage of investigation into allegations of misconduct, prior to commencement of the formal procedures contained in the parties collective bargaining agreement, did not violate the duty of fair representation. It was not clear that a grievance could be filed regarding the disciplinary action.

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

Union's advice to consider resigning to avoid further investigation of accusations of misconduct did not violate the duty of fair representation.