Decision 1575E – Chula Vista Elementary Educators Association (Larkins)
Decision Date: December 30, 2003
Decision Type: PERB Decision
Description: Charge alleged that union violated duty of fair representation. Board affirmed dismissal.
Disposition: Board dismissed charge.
Perc Vol: 28
Perc Index: 42
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.
1100.02000 – Investigation of Charge
In investigating a charge, material facts submitted by the Respondent cannot be accepted as true where disputed by charging party.
1106.01000 – 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.