Decision 1763E – California Teachers Association (Radford)
Decision Date: April 21, 2005
Decision Type: PERB Decision
Description: The charge failed to state a prima facie violation of Radford’s right to representation. The facts plead do not support the conclusion that the union acted in a discriminatory, arbitrary or bad faith manner. Moreover, since the duty of representation does not extend to extra-contractual forums, the union’s failure to enforce the Education Code does not support a violation of this duty.
Disposition: The Board agent’s dismissal was upheld and adopted as a decision of the Board.
Perc Vol: 29
Perc Index: 123
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.
800.04000 – 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.