Decision 1523E – California School Employees Association (De Lauer)
Decision Date: May 13, 2003
Decision Type: PERB Decision
Description: The Board affirmed dismissal of a charge which alleged that the Association violated its duty of fair representation by failing to assist DeLauer in obtaining a leave of absence, assist in recovering her position after she resigned, provide her with various forms, and assist her in remedying a hostile environment at the junior college she was attending. The Board agent dismissed the charge for failure to state a prima facie case.
Disposition: Dismissal affirmed. No good cause for new evidence on appeal. Warning and dismissal letters adopted. Union owed no duty to provide workers compensation forms.
Perc Vol: 27
Perc Index: 73
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.
800.04000 – Scope of Duty; Internal Union Affairs
Providing worker’s compensation forms upon request is not within union’s duty of fair representation.
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.