Decision 1750S – California State Employees Association (Chen)

LA-CO-114-S

Decision Date: February 7, 2005

Decision Type: PERB Decision

Description:  Chen alleged that CSEA breached the duty of fair representation when it failed to represent her in her grievance.

Disposition:  The Board dismissed the charge finding that CSEA’s conduct was not arbitrary, discriminatory or in bad faith.  Chen filed the paperwork in the Sacramento CSEA office rather than with the local steward.  The union contacted Chen to explain proper procedure and continued to communicate with her.

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Perc Vol: 29
Perc Index: 75

Decision Headnotes

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

The Board found that CSEA’s conduct was not arbitrary, discriminatory, or in bad faith. Chen filed paperwork in Sacramento union office rather than with the local steward. Union contacted Chen to explain proper procedure and continued to communicate with her.

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

The Board found that CSEA’s conduct was not arbitrary, discriminatory, or in bad faith. Chen filed paperwork in Sacramento union office rather than with the local steward. Union contacted Chen to explain proper procedure and continued to communicate with her.

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

Chen did not show good cause to raise new details for the first time on appeal under PERB Regulation 32635(b). Chen was aware of these facts from CSEA’s response to the charge and the Board agent’s warning letter but neglected to file an amended charge.

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

Chen did not show good cause to raise new details for the first time on appeal under PERB Regulation 32635(b). Chen was aware of these facts from CSEA’s response to the charge and the Board agent’s warning letter but neglected to file an amended charge.

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

Chen did not show good cause to raise new details for the first time on appeal under PERB Regulation 32635(b). Chen was aware of these facts from CSEA’s response to the charge and the Board agent’s warning letter but neglected to file an amended charge.