Decision 1781E – United Teachers of Los Angeles (Chambers)

LA-CO-1194-E

Decision Date: October 27, 2005

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 6

Decision Headnotes

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

Union conduct not arbitrary, discriminatory or in bad faith where union exercised discretion in not pursuing grievance to arbitration after providing charging party the opportunity to appeal the initial decision to the Grievance Review Committee or when it tolled the grievance timelines. Additionally, union did not act in an arbitrary, discriminatory, or bad faith manner where union abided by the language in the collective bargaining agreement specifically excluding charging party from the unit and filing a grievance.

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

Union conduct not arbitrary, discriminatory or in bad faith where union exercised discretion in not pursuing grievance to arbitration after providing charging party the opportunity to appeal the initial decision to the Grievance Review Committee or when it tolled the grievance timelines. Additionally, union did not act in an arbitrary, discriminatory, or bad faith manner where union abided by the language in the collective bargaining agreement specifically excluding charging party from the unit and filing a grievance.

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

Union conduct not arbitrary, discriminatory, or bad faith manner where union abided by the language in the collective bargaining agreement specifically excluding charging party from the unit and filing a grievance.

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

Although union’s decision extinguished charging party’s right to pursue his grievance, the union’s conduct was not a negligent failure to perform a ministerial act, but rather a legitimate exercise of discretion. The parties’ collective bargaining agreement had specific language excluding charging party from the union and thereby from filing a grievance.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party included nothing indicating why the issue of reclassification of duties was not included in his underlying charge.

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

To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party included nothing indicating why the issue of reclassification of duties was not included in his underlying charge.

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

To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party included nothing indicating why the issue of reclassification of duties was not included in his underlying charge.