Decision 1749S – California State Employees Association (Chen)

LA-CO-113-S

Decision Date: February 7, 2005

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 74

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

The duty of fair representation is limited to contractually-based remedies under the union’s exclusive control. The charge does not contain facts showing that a request for reasonable accommodation for a disability is an issue covered by the collective bargaining agreement. Instead the reasonable accommodation request form indicates compliance with the Fair Employment and Housing Act. Even if the duty of fair representation was applicable to this matter, Chen did not show that CSEA’s conduct was arbitrary, discriminatory or in bad faith.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

The duty of fair representation is limited to contractually-based remedies under the union’s exclusive control. The charge does not contain facts showing that a request for reasonable accommodation for a disability is an issue covered by the collective bargaining agreement. Instead the reasonable accommodation request form indicates compliance with the Fair Employment and Housing Act. Even if the duty of fair representation was applicable to this matter, Chen did not show that CSEA’s conduct was arbitrary, discriminatory or in bad faith.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Chen alleged new information on appeal but did not show good cause to raise this new supporting evidence as required by PERB Regulation 32635(b). Therefore, the Board did not consider this new information in rendering its decision.

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

Chen alleged new information on appeal but did not show good cause to raise this new supporting evidence as required by PERB Regulation 32635(b). Therefore, the Board did not consider this new information in rendering its decision.