Decision 1453E – United Teachers of Los Angeles (Valadez, et al.)

LA-CO-796-E

Decision Date: June 29, 2001

Decision Type: PERB Decision

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Perc Vol: 25
Perc Index: 32097

Decision Headnotes

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

Determination of alleged violation of duty of fair representation requires deference to the wide latitude union representatives have in performing their duties, even if the decision may have an unfavorable affect on some members. Union denial of charging parties contractual waiver request without allowing charging parties to address the union board was not outside the wide range of reasonableness afforded an exclusive representative where charging parties were given an opportunity to discuss the waiver request with the union president and a board member. Union demonstrated rational basis for refusing to waive contractual provision requiring a four year restriction on administrative assignments, therefore did not violate the duty of fair representation. When addressing the requested waiver, union determined that reasoning behind negotiated contractual provision remained valid. Prima facie violation of illegal discrimination in retaliation for protected conduct rebutted where union established its activities would have been the same in the absence of protected activity.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.01000 – In General

Prima facie violation of illegal discrimination in retaliation for protected conduct rebutted where union established its activities would have been the same in the absence of protected activity.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.08000 – Other

Prima facie violation of illegal discrimination in retaliation for protected conduct rebutted where union established its activities would have been the same in the absence of protected activity.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.11000 – Request for Oral Argument

Request for oral argument denied as the record and the parties' briefs adequately sets forth the issues and arguments before the Board; p. 5.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.04000 – Attorneys Fees and Costs

Attorneys fees not awarded merely because union illegally failed to process grievance. Attorneys fees not appropriate unless there is a showing that respondent's conduct has been repetitive and that its defenses are without arguable merit.