Decision 1763E – California Teachers Association (Radford)

LA-CO-1187-E

Decision Date: April 21, 2005

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 123

Decision Headnotes

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

In order to state a prima facie violation of the duty of fair representation, charging party must show that the respondent’s conduct was arbitrary, discriminatory or in bad faith. A charging party must, at a minimum, include an assertion of sufficient facts from which it becomes apparent how or in what manner the exclusive representative’s action or inaction was without a rational basis or devoid of honest judgment.

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

A union does not owe a duty of fair representation to unit members in a forum over which the union does not exclusively control the means to a particular remedy. Thus, refusing to assist charging party to enforce a provision of the Education Code is not a violation of the duty of fair representation.