Decision 1515E – Los Rios College Federation of Teachers, Local 2279 (Deglow)
SA-CO-452-E
Decision Date: April 3, 2003
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge for failure to state a prima facie case and ordered the charging party to cease and desist from filing similar charges based on the same subject matter. Deglow alleged that the Federation failed to grieve a reference in a letter written by the District in 2000 to a 1994 needs improvement performance evaluation. The reference allegedly provided support for reassignment of Deglow’s classes in 1998. The real crux of this matter is the Federation’s failure to grieve the 1998 reassignment, issues subject of a previous 1998 grievance and UPC in August 1999. The 1998 charge was dismissed.
Disposition: The charge was dismissed. As this charge poses the same issues previously addressed and dismissed by the Board and Deglow has been warned by the Board in the past about frivolous charges, the Board advised her to cease filing frivolous charges and that future filings of this kind would result in sanctions.
Perc Vol: 27
Perc Index: 42
Decision Headnotes
800.02000 – Grievance Handling/Contract Administration
Fact that union breached its duty of fair representation to charging party in the past is not sufficient to establish current union conduct is also a violation.
805.01000 – In General
Charging party must demonstrate a union took affirmative action I its attempt to cause an employer to violate EERA. A union’s inaction in representing past grievances does not demonstrate that it caused the employee to discriminate against charging party in future actions.
1200.01000 – In General
Continual filing of similar charges on the same subject matter may result in the imposition of sanctions. Under EERA §§3541.3(i) and 3541.3(n), and Government Code §11455.30, PERB has jurisdiction to order a party to pay the other party’s reasonable expenses, including attorney’s fees, for the offending party’s bad faith actions or frivolous tactics.
1205.04000 – Attorneys Fees and Costs
Continual filing of similar charges on the same subject matter may result in the imposition of sanctions. Under EERA §§3541.3(i) and 3541.3(n), and Government Code §11455.30, PERB has jurisdiction to order a party to pay the other party’s reasonable expenses, including attorney’s fees, for the offending party’s bad faith actions or frivolous tactics.
1503.03000 – Regulations Considered (By Number) (Continued)
Under PERB Regulation 32320, the Board on its own motion may order an offending party to cease and desist from filing cases over the same factual and legal issues previously addressed by the Board.
800.01000 – In General; Prima Facie Case
Fact that union breached its duty of fair representation to charging party in the past is not sufficient to establish current union conduct is also a violation.
800.04000 – Scope of Duty; Internal Union Affairs
Union does not owe a duty to unit members to file unfair practice charges with PERB.
1107.20000 – Other
Continual filing of similar charges on the same subject matter may result in the imposition of sanctions. Under EERA §§3541.3(i) and 3541.3(n), and Government Code §11455.30, PERB has jurisdiction to order a party to pay the other party’s reasonable expenses, including attorney’s fees, for the offending party’s bad faith actions or frivolous tactics. The Board may order sanctions only after it has ordered the offending party to cease and desist from filing frivolous charges over the same factual and legal issues previously addressed by the Board. Under PERB Regulation 32320, the Board on its own motion may order an offending party to cease and desist from filing cases over the same factual and legal issues previously addressed by the Board.
1205.01000 – In General
Continual filing of similar charges on the same subject matter may result in the imposition of sanctions. Under EERA §§3541.3(i) and 3541.3(n), and Government Code §11455.30, PERB has jurisdiction to order a party to pay the other party’s reasonable expenses, including attorney’s fees, for the offending party’s bad faith actions or frivolous tactics.
1205.10000 – Other Affirmative Relief
Continual filing of similar charges on the same subject matter may result in the imposition of sanctions. Under EERA §§3541.3(i) and 3541.3(n), and Government Code §11455.30, PERB has jurisdiction to order a party to pay the other party’s reasonable expenses, including attorney’s fees, for the offending party’s bad faith actions or frivolous tactics.