Decision 1850E – California Teachers Association and Oakland Education Association (Welch)

SF-CO-686-E

Decision Date: August 17, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 152

Decision Headnotes

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; 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.