Decision 1494E – Oxnard Federation of Teachers (Torres)
LA-CO-1041-E
Decision Date: July 31, 2002
Decision Type: PERB Decision
Description: The charge alleged that the Federation breached its duty of fair representation by failing to intercede with the District on Torres’ behalf regarding alleged unfair treatment by his supervisors and the District’s subsequent termination of his employment. The Board dismissed the charge because: (1) the Federation did not owe a duty to represent Torres in non-contractual administrative matters or judicial actions, and (2) the Federation may refuse to pursue a grievance if it makes an honest and reasonable determination that the grievance lacks merit.
Disposition: The Board dismissed the unfair practice charge for failure to state a prima facie case. The Federation’s failure to pursue a grievance when based upon an honest and reasonable determination that the grievance lacks merit is not arbitrary.
Perc Vol: 26
Perc Index: 33107
Decision Headnotes
800.01000 – In General; Prima Facie Case
The Federation may refuse to pursue a grievance if it makes an honest and reasonable determination that the grievance lacks merit. Such a determination is not arbitrary. In addition, the Federation did not owe Torres a duty to represent him in non-contractual administrative matters or judicial actions. Torres thus failed to state a prima facie violation of EERA.
800.02000 – Grievance Handling/Contract Administration
The Federation may refuse to pursue a grievance if it makes an honest and reasonable determination that the grievance lacks merit. Under PERB precedent, such a determination is not arbitrary.
800.04000 – Scope of Duty; Internal Union Affairs
The Federation’s failure to represent Torres in his Civil Code claims was not discriminatory. The Federation does not owe Torres a duty to represent him in non-contractual administrative matters or judicial actions such as civil rights violations and Education Code violations.