Decision 1444E – California School Employees Association (Garcia)
LA-CO-864-E
Decision Date: June 7, 2001
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge. The charge alleged that the union breached its duty of fair representation by failing to adequately represent the charging party regarding claims of sexual harassment.
Disposition: Dismissed. The duty of fair representation is limited to contractually based remedies under the union’s exclusive control.
Perc Vol: 25
Perc Index: 32084
Decision Headnotes
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.
1101.01000 – 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.
1107.01000 – 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.