Decision 1781E – United Teachers of Los Angeles (Chambers)
LA-CO-1194-E
Decision Date: October 27, 2005
Decision Type: PERB Decision
Description: Charge alleged that United Teachers of Los Angeles violated the EERA by its failure to meet its duty of fair representation.
Disposition: The Board dismissed the charge because charging party failed to demonstrate that respondent’s conduct was arbitrary, discriminatory, or in bad faith.
Perc Vol: 30
Perc Index: 6
Decision Headnotes
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.
800.02000 – 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.
800.04000 – 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.
800.05000 – 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.
1107.01000 – 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.
1107.04000 – 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.
1107.20000 – 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.