Decision 1494E – Oxnard Federation of Teachers (Torres)

LA-CO-1041-E

Decision Date: July 31, 2002

Decision Type: PERB Decision

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Perc Vol: 26
Perc Index: 33107

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.