Decision 1769E – American Federation of Teachers Local 1521 (Paige)

LA-CO-1191-E

Decision Date: June 10, 2005

Decision Type: PERB Decision

Description:  Paige alleged that Local 1521 breached the duty of fair representation for canceling an arbitration hearing and writing falsehoods about him.

Disposition:  The Board dismissed the charge.  Local 1521’s conduct was not arbitrary, discriminatory or in bad faith since it explained to Paige the reasons for refusing to proceed to arbitration.  A union may withdraw a grievance if it determines the grievance lacks merit.  Individuals alleged to have harassed Paige are not agents of Local 1521.

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Perc Vol: 29
Perc Index: 139

Decision Headnotes

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

AFT’s conduct was not arbitrary, discriminatory or in bad faith because it explained to Paige its reasons for refusing to pursue the grievance to arbitration. A union may withdraw a grievance if it determines the grievance lacks merit.

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

Paige did not demonstrate good cause for presenting new charge allegations and new supporting evidence on appeal. The appeal did not meet the specificity requirements of PERB Regulation 32635(a)(1).

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
1400.03000 – Union Responsibility

Individuals alleged by Paige (administrators, evaluators and campus police officers) to have harassed him are not agents of AFT and thus their conduct cannot be attributable to AFT.

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

The appeal did not meet the specificity requirements of PERB Regulation 32635(a)(1).