Decision 1696S – California State Employees Association (Harris)

SA-CO-269-S

Decision Date: September 28, 2004

Decision Type: PERB Decision

Description:  Violation of duty of fair representation alleged where union did not pursue grievance.

Disposition:  Union is not obligated to pursue grievance to any level if reasonable belief that claim is without merit.  No requirement that union seek waiver of timeliness or pursue matter through informal discussions so long as actions are not arbitrary or in bad faith.

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Perc Vol: 28
Perc Index: 261

Decision Headnotes

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

If there is a reasonable belief that the claim is without merit, the union is not obligated to seek a waiver of timeliness or pursue the matter through informal discussions as long as its actions are not arbitrary or in bad faith.(see also, California State Employees Association (Bradford) (2001) PERB Decision No. 1421-S.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

If there is a reasonable belief that the claim is without merit, the union is not obligated to seek a waiver of timeliness or pursue the matter through informal discussions as long as its actions are not arbitrary or in bad faith.(see also, California State Employees Association (Bradford) (2001) PERB Decision No. 1421-S.