Decision 1550E – California School Employees Association and its Chapter 130 (Simpson)

LA-CO-1087-E

Decision Date: October 17, 2003

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 5

Decision Headnotes

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

Board dismissed charge alleging that union’s refusal to represent employee in a civil service commission hearing violated the union’s duty of fair representation. Board held that duty of fair representation only applies to proceedings where representation is exclusively provided by the union. Since charging party was free to represent herself before the commission, or hire an attorney to do so, Board held that duty of fair representation was not triggered.

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

Board dismissed charge alleging that union’s refusal to represent employee in a civil service commission hearing violated the union’s duty of fair representation. Board held that duty of fair representation only applies to proceedings where representation is exclusively provided by the union. Since charging party was free to represent herself before the commission, or hire an attorney to do so, Board held that duty of fair representation was not triggered.

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

Board dismissed charge alleging that union’s refusal to represent employee in a civil service commission hearing violated the union’s duty of fair representation. Board held that duty of fair representation only applies to proceedings where representation is exclusively provided by the union. Since charging party was free to represent herself before the commission, or hire an attorney to do so, Board held that duty of fair representation was not triggered.