Decision 1443E – Fremont Unified District Teachers Association (Turney)

SF-CO-574-E

Decision Date: June 7, 2001

Decision Type: PERB Decision

Description: The Board dismissed the unfair practice charge, which alleged that the union violated EERA by failing to represent the charging party properly in certain disputes with her employer and engaging in collusion with her employer.

Disposition:  Dismissed. The duty of fair representation does not extend to the filing of unfair practice charges with PERB.

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Perc Vol: 25
Perc Index: 32083

Decision Headnotes

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

Duty of fair representation does not extend to the filing of unfair practice charges with PERB; p. 4, warning letter.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

Allegation that Union refused to treat student discipline dispute and class assignment issue as grievances rather than complaints failed to demonstrate how Union caused charging party to forfeit a meritorious grievance for arbitrary, discriminatory, or bad faith reasons.

805.00000 – UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT
805.01000 – In General

Previous PERB charges offered as "evidence of previous collusion" insufficient to assist charging party in establishing a prima facie violation of EERA.