Decision 1476E – California School Employees Association and its Chapter 8 (Thorpe, et al.)
LA-CO-1054-E
Decision Date: February 15, 2002
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, in which the employee and new exclusive representative alleged that the former exclusive representative violated the EERA by refusing to pursue the employee’s grievance to arbitration.
Disposition: Dismissed. The charging party’s allegations are dismissed because she failed to demonstrate that the charge is timely filed. The new exclusive representative’s allegations are dismissed because that organization does not have standing to allege a violation of the duty of fair representation.
Perc Vol: 26
Perc Index: 33043
Decision Headnotes
800.01000 – In General; Prima Facie Case
Duty of Fair Representation is owed to individual employee only, not to successor union.
1101.03000 – Computation of Six-Month Period
Under EERA section 3541.5(a)(1) employee has six months from date her union advised her that it would no longer represent her on her grievance to file an unfair practice charge against her union.
800.02000 – Grievance Handling/Contract Administration
Under EERA section 3541.5(a)(1) employee has six months from date her union advised her that it would no longer represent her on her grievance to file an unfair practice charge against her union.