Decision 1706E – College of the Canyons Faculty Association (Lynn)
LA-CO-1127-E
Decision Date: November 16, 2004
Decision Type: PERB Decision
Description: Charge alleged union breached duty of fair representation by failure to pursue grievance.
Disposition: Board found union is not required to pursue grievances that are unmeritorious. Board adopted proposed decision dismissing complaint.
Perc Vol: 29
Perc Index: 10
Decision Headnotes
800.02000 – Grievance Handling/Contract Administration
Allegation that union violated duty of fair representation is rendered moot by a finding that charging party’s grievance lacked merit. A union is not required to pursue grievances that are unmeritorious. Even if grievance was meritorious, union met its obligations regarding grievance assistance because colleges history was of accommodation not confrontation, and responsibility for filing a grievance was on the employee not the union
800.05000 – Mode or Adequacy of Representation/Advocacy
Even if grievance was meritorious, union met its obligations regarding grievance assistance because colleges history was of accommodation not confrontation, and responsibility for filing a grievance was on the employee not the union.