Decision 1646E – Oakland Education Association (Ferguson)
SF-CO-638-E
Decision Date: June 17, 2004
Decision Type: PERB Decision
Description: Ferguson alleged breach of duty of fair representation by exclusive representative for failure to purse grievance.
Disposition: Board found there is not necessarily a breach for failure to pursue grievance after employee has rejected settlement.
Perc Vol: 28
Perc Index: 181
Decision Headnotes
800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy
800.05000 – Mode or Adequacy of Representation/Advocacy
Failure to pursue a grievance after employee has rejected settlement does not necessarily constitute a breach of the duty. (California State University, San Diego (1989) PERB Decision. No. 781-H)