Decision 1575E – Chula Vista Elementary Educators Association (Larkins)

LA-CO-1091-E

Decision Date: December 30, 2003

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 42

Decision Headnotes

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

Board dismissed charge where charging party failed to allege any specific facts demonstrating that the union’s actions were arbitrary, discriminatory, undertaken in bad faith, lacked a rational basis, or were devoid of honest judgment. No duty for union to notify employee of PERB’s existence.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

In investigating a charge, material facts submitted by the Respondent cannot be accepted as true where disputed by charging party.

1106.00000 – CASE PROCESSING PROCEDURES; DISCOVERY
1106.01000 – In General

No legal basis for charging party to obtain discovery through PERB by asserting generalized conclusions relative to which she provided no detailed factual allegations.