Decision 1466E – California Teachers Association (Underhill)


Decision Date: November 26, 2001

Decision Type: PERB Decision

Description: The Board remanded the charge to the Office of the General Counsel for further investigation and processing. The charge alleged that the union breached its duty of fair representation when it failed to assist an employee in filing a grievance against her employer.

Disposition: Remanded. Although unfair practice charge was filed by the employee’s attorney and she also filed a notice of appearance form designating the attorney as her representative, the Board agent failed to serve a copy of the warning letter on the attorney. Because this omission denied the charging party the opportunity to file an amended charge, the Board exercised its discretion under EERA section 3541.3 to remand the case for further investigation and to permit the charging party to file an amended unfair practice charge.

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Perc Vol: 26
Perc Index: 33012

Decision Headnotes

1107.03000 – Remand for Further Hearing; Remand to General Counsel

After warning letter had not been served on charging party’s attorney of record, case remanded to allow charging party to file amended charge; p. 3.