Decision 1444E – California School Employees Association (Garcia)

LA-CO-864-E

Decision Date: June 7, 2001

Decision Type: PERB Decision

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Perc Vol: 25
Perc Index: 32084

Decision Headnotes

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

Allegations that Union failed to represent Charging Party before the Equal Employment Opportunity Commission and in the District's internal complaint procedure fail to state a prima facie case of a breach of the duty of fair representation as the duty of fair representation is limited to contractually based remedies under the Union's exclusive control. As neither the EEOC matter nor the District's internal complaint procedure were within the Union's exclusive control, the Union owes no duty of fair representation in those matters.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

New specific charge allegations offered for the first time on appeal dismissed as untimely as falling outside of the six-month statute of limitations contained in EERA.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

New specific charge allegations offered for the first time on appeal dismissed as untimely as falling outside of the six-month statute of limitations contained in EERA.