Decision 1858E – California School Employees Association and Its Chapter 198 (Bruce)
SF-CO-688-E
Decision Date: September 7, 2006
Decision Type: PERB Decision
Description: Employee charged that the California School Employees Association breached its duty of fair representation by withholding evidence that could have assisted her in retaining her position.
Disposition: The Board dismissed the charge because the appeal did not meet the requirements of PERB Regulation 32635. The appeal did not state the specific basis for the appeal, raised new allegations without good cause, and failed to meet technical requirements.
Perc Vol: 31
Perc Index: 3
Decision Headnotes
800.01000 – In General; Prima Facie Case
A prima facie violation of the duty of fair representation must allege that the Respondent's conduct was arbitrary, discriminatory or in bad faith. No violation where the charging party stated only that the Association withheld evidence that could have assisted her in retaining her position.
800.05000 – Mode or Adequacy of Representation/Advocacy
A prima facie violation of the duty of fair representation must show that the Respondent's conduct was arbitrary, discriminatory or in bad faith. No violation where the charging party stated only that the Association withheld evidence that could have assisted her in retaining her position.
801.01000 – In General
Assertion of a prima facie violation of section 3543.6(b) must allege conduct of an employee organization that tends to or does result in some harm to employee rights under EERA.
1100.01000 – In General/Prima Facie Case
Charging party failed to state a prima facie case that the Association violated its duty of fair representation.
1107.04000 – Unalleged Violations
A charging party may not raise new allegations or present new supporting evidence on appeal without establishing good cause. Charging party articulated facts on appeal in an apparent effort to clarify her original charge, but she did not established good cause for this additional information to be considered.
1107.20000 – Other
Charging party failed to state a prima facie case that the Association violated its duty of fair representation. A charging party may not raise new allegations or present new supporting evidence on appeal without establishing good cause. Charging party articulated facts on appeal in an apparent effort to clarify her original charge, but she did not established good cause for this additional information to be considered.
1109.01000 – In General
An appeal to the Board must conform to the requirements of PERB Regulation 32635. In this case charging party failed to set forth “the specific issues of procedure, fact, law or rationale to which the appeal is taken.” Charging party also does not “[i]dentify the page or part of the dismissal to which each appeal is taken” nor does it “[s]tate the grounds for each issue stated.” A charging party may not raise new allegations or present new supporting evidence on appeal without establishing good cause. Charging party articulated facts on appeal in an apparent effort to clarify her original charge, but she did not established good cause for this additional information to be considered.