Decision 1523E – California School Employees Association (De Lauer)

SF-CO-608-E

Decision Date: May 13, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 73

Decision Headnotes

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

Charging party alleged violation of duty of fair representation where union refused to file grievance on her behalf seeking reinstatement. Employer policy stated that resignations were irrevocable. Under these facts, Board dismissed charge for failure to demonstrate that union’s decision was arbitrary.

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

Providing worker’s compensation forms upon request is not within union’s duty of fair representation.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

Board refused to consider new allegations on appeal where charging party had not shown why the allegations could not have been brought earlier.