Decision 1533E – Orange Unified Education Association and California Teachers Association (Rossman)

LA-CO-1123-E

Decision Date: June 23, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 93

Decision Headnotes

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

Union did not violate duty of fair representation by agreeing to bargain over retirement benefits for current employees since such benefits are a permissive subject of bargaining. Mere fact that employee was not satisfied with the contract provision negotiated by union does not establish a breach of the duty of fair representation. The Board has held that an exclusive representative is not expected or required to satisfy all members of the unit it represents. Moreover, the duty of fair representation does not mean an employee organization is barred from making an agreement which may have an unfavorable effect on some members, nor is an employee organization obligated to bargain a particular item benefiting certain unit members. Although exclusive representative may accept direction from CTA hired executive director, CTA is no the exclusive representative for DFR purposes.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.03000 – Negotiations

Union did not violate duty of fair representation by agreeing to bargain over retirement benefits for current employees since such benefits are a permissive subject of bargaining. Mere fact that employee was not satisfied with the contract provision negotiated by union does not establish a breach of the duty of fair representation. The Board has held that an exclusive representative is not expected or required to satisfy all members of the unit it represents. Moreover, the duty of fair representation does not mean an employee organization is barred from making an agreement which may have an unfavorable effect on some members, nor is an employee organization obligated to bargain a particular item benefiting certain unit members.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

Although exclusive representative may accept direction from CTA hired executive director, CTA is no the exclusive representative for DFR purposes.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

Union did not violate duty of fair representation by agreeing to bargain over retirement benefits for current employees since such benefits are a permissive subject of bargaining. Mere fact that employee was not satisfied with the contract provision negotiated by union does not establish a breach of the duty of fair representation. The Board has held that an exclusive representative is not expected or required to satisfy all members of the unit it represents. Moreover, the duty of fair representation does not mean an employee organization is barred from making an agreement which may have an unfavorable effect on some members, nor is an employee organization obligated to bargain a particular item benefiting certain unit members.

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

Although exclusive representative may accept direction from CTA hired executive director, CTA is no the exclusive representative for DFR purposes.