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.

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Perc Vol: 29
Perc Index: 10

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.