Decision 1415E – California School Employees Association, Chapter 296 (Morrison)
Decision Date: December 7, 2000
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge. The charge alleged that the employee organization breached its duty of fair representation when it failed to file a grievance or otherwise represent the charging party properly regarding accusations made by the employer.
Disposition: Dismissed. There was insufficient evidence that the employee organization breached its duty of fair representation when it failed to file a grievance or otherwise represent the employee properly.
Perc Vol: 25
Perc Index: 32020
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.
800.04000 – 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.
800.05000 – 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.