Decision 1850E – California Teachers Association and Oakland Education Association (Welch)
Decision Date: August 17, 2006
Decision Type: PERB Decision
Description: The charge alleged that the California Teachers Association and Oakland Education Association violated EERA by breaching its duty of fair representation.
Disposition: The Board dismissed all allegations prior to July 27, 2005, as untimely. The Board dismissed the charge alleging duty of fair representation against CTA because CTA was not an exclusive representative and did not owe a duty of fair representation. The Board also dismissed the allegation alleging a duty of fair representation against OEA because Welch failed to show that OEA’s conduct was arbitrary, discriminatory or in bad faith and that OEA did not owe a duty in extra-contractual forums.
Perc Vol: 30
Perc Index: 152
202.02000 – Exclusive Representatives
California Teachers Association has not been designated as the exclusive representative of the District’s certificated employees and while it may affiliate with Oakland Education Association, it is not the exclusive representative.
800.01000 – In General; Prima Facie Case
California Teachers Association, a statewide organization is not the exclusive representative and does not owe employees a duty of fair representation.
800.02000 – Grievance Handling/Contract Administration
Union's decision to refer Welch’s case to the California Teachers Association to file a lawsuit on her behalf rather than take her grievance to arbitration did not violate the duty of fair representation.