Decision 1716E – California School Employees Association and Its Chapter 183 (Richards)

LA-CO-1159-E; LA-CO-1160-E

Decision Date: November 30, 2004

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 22

Decision Headnotes

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

CSEA quickly responded to Richards’ concerns regarding changes in vacation carryover and explained its decision not to appeal Richards’ grievance and so the charge did not show that CSEA acted in bad faith, or in an arbitrary or discriminatory manner. CSEA’s reliance on the contract language is not arbitrary even if the language differs from the personnel manual.

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

CSEA quickly responded to Richards’ concerns regarding changes in vacation carryover and explained its decision not to appeal Richards’ grievance and so the charge did not show that CSEA acted in bad faith, or in an arbitrary or discriminatory manner.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

PERB Regulation 32635(b) requires a showing of good cause to present new supporting evidence on appeal. As Richards has not explained the need to raise new evidence at this time, and not in the charge or amended charge, he has not shown good cause to raise the new evidence on appeal.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.09000 – Retroactive Effect of Changes in Board Rulings

PERB Regulation 32635(b) requires a showing of good cause to present new supporting evidence on appeal. As Richards has not explained the need to raise new evidence at this time, and not in the charge or amended charge, he has not shown good cause to raise the new evidence on appeal.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

PERB Regulation 32635(b) requires a showing of good cause to present new supporting evidence on appeal. As Richards has not explained the need to raise new evidence at this time, and not in the charge or amended charge, he has not shown good cause to raise the new evidence on appeal

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

PERB Regulation 32635(b) requires a showing of good cause to present new supporting evidence on appeal. As Richards has not explained the need to raise new evidence at this time, and not in the charge or amended charge, he has not shown good cause to raise the new evidence on appeal.