Decision 1443E – Fremont Unified District Teachers Association (Turney)
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.
Perc Vol: 25
Perc Index: 32083
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.
800.02000 – 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.
805.01000 – In General
Previous PERB charges offered as "evidence of previous collusion" insufficient to assist charging party in establishing a prima facie violation of EERA.