Decision 1422E – Capistrano Unified Education Association, CTA/NEA (La Marca)
LA-CO-858-E
Decision Date: February 26, 2001
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged that the employee organization denied an employee the right to fair representation by failing to assist him in a matter involving his previous employer.
Disposition: Dismissed. The duty of fair representation is limited to contractually-based remedies under the union’s exclusive control.
Perc Vol: 25
Perc Index: 32041
Decision Headnotes
800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs
800.04000 – Scope of Duty; Internal Union Affairs
Duty of fair representation is limited to contractually-based remedies under the union's exclusive control. Union not obligated to assist employee with matters before the State Commission on Teacher Credentialing nor with a law suit against a former school district employer.