Decision 1487E – California School Employees Association and its Chapter 77 (Vincelet)

SA-CO-451-E

Decision Date: June 28, 2002

Decision Type: PERB Decision

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Perc Vol: 26
Perc Index: 33097

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

Allegations that union failed to provide adequate representation at internal District administrative personnel hearing and that union failed to notify charging party of PERB’s existence, filing requirements, and deadlines failed to state a prima facie case because duty of fair representation is limited to contractual remedies under union’s exclusive control.

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

Allegations that union failed to provide adequate representation at internal District administrative personnel hearing and that union failed to notify charging party of PERB’s existence, filing requirements, and deadlines failed to state a prima facie case because duty of fair representation is limited to contractual remedies under union’s exclusive control.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Charging party’s new evidence was not considered by the Board because she failed to show good cause or any rationale why it hadn’t been presented to the Board agent.

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

Charging party’s allegation that union gave her faulty information regarding district’s ability to call witnesses at administrative hearing was untimely because it occurred outside six-month limitations period.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.19000 – Newly Discovered Evidence

Charging party’s new evidence was not considered by the Board because she failed to show good cause or any rationale why it hadn’t been presented to the Board agent.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

Charging party’s new evidence was not considered by the Board because she failed to show good cause or any rationale why it hadn’t been presented to the Board agent.